Acquisitions and transfers of control for cable and competitive telecommunications providers
Representing various cable and telecommunications clients on local, state, and federal regulatory filing requirements for asset acquisitions, transfers of control, and internal reorganizations. (Ongoing)
Breach of contract regarding statutory royalties for national cable service provider
Representing client in prosecution of breach of contract claim to recover, statutory copyright royalty fees paid in relation to carriage of broadcast television station. Obtained summary judgment and now proceeding in bankruptcy court. (Ongoing)
Cable regulation for cable multiple system operators (MSOs) and NCTA
Cable regulation, including rates, copyright and signal carriage, franchising, the 1984 and 1992 Cable Acts, the 1996 Telecommunications Act, state telecommunications legislation, digital rights management, pole attachments and privacy. (Ongoing) Read more
Cable/utility asset transfer and transfer of control
Represents cable and telecommunications clients on regulatory requirements for asset acquisitions, transfers of control, and internal reorganizations. (Ongoing)
Represents cable, VoIP, and wireless clients on FCC, state, and local regulations, including rates, franchising and certification, 1984 and 1992 Cable Acts, 1996 Telecommunications Act, privacy, ETC/USF, and emergency services (E911, EAS). (Ongoing)
Advising clients on FCC and FTC regulations, and state and federal legislation, related to landline and wireless carrier billing, including anti-cramming laws and recent agency proceedings. (Ongoing)
Defend broadband services provider against claims of breach of contract and federal preemption
Defend claims that broadband service provider violated municipal contract and federal communications law through its compliance with new pro-competitive state video franchise laws. (Ongoing)
Defense of major national broadcasting and cable company
Defending cable operator in putative state class action alleging trespass in relation to the cable operator’s placement of its facilities. (South Carolina, Ongoing)
Duke Energy Indiana v. Comcast of Indianapolis, LLC
Defending Comcast in federal district court in Indiana in a suit relating to a dispute about pole attachment make-ready work. (Ongoing)
Expert witness for cable MSOs and state cable and telecommunications associations
Frequently appears as an expert witness before State Public Service Commissions, state legislatures and in court on a variety of cable telecommunications matters, such as rates, overbuilds, poles and access to Internet services. (Ongoing)
FCC regulatory compliance for broadband and wireless clients
Represent broadband clients in disputes before the FCC and state public service commissions. Provide advice to clients concerning compliance with FCC regulatory requirements including pole attachment regulations, closed captioning, commercial leased access, access to multiple dwelling units, digital transition issues, must carry, PEG and inside wiring. (Ongoing)
FCC regulatory compliance for various clients
Counsel clients, including major cable companies, small independent cable companies and state cable telecommunications associations, on a wide variety of cable regulatory requirements including signal carriage, copyright, the 1984 and 1992 Cable Acts and the 1996 Telecommunications Act. (Ongoing)
Represents broadcast and cable TV clients at the Federal Communications Commission and in connection with a variety of transactional and regulatory matters, including ownership and attribution. (Ongoing)
Garnishment and other insolvency
Represent wireless carrier, national bank, and other clients in garnishments, adversary proceedings, attachments, provisional process, and 327 applications. (Ongoing)
GLAD v. Cable News Network, Inc.
Lead counsel representing CNN in this putative class action lawsuit seeking to compel CNN.com to include closed captioning on all news videos available on CNN.com. (Ongoing)
IP video and digital media for various MSOs and vendors
Advice on operational, regulatory, franchising, programming, security, copy protection and interface requirements for delivery of commercial video content to tablets, 'Smart TVs,' IP-enabled devices, and home networks. (Ongoing)
Local and state cable franchising issues
Counsel cable clients and numerous state cable telecommunications associations on local franchising and state video franchise laws. (Ongoing)
MDU access rights for broadband clients
Represent cable operators in disputes with building owners concerning the rates, terms and conditions of access to building residents and the ownership of wiring and equipment and related right of way matters. (Ongoing) Read more
Navigation devices for National Cable & Telecommunications Association, CableLabs, Charter
The Federal Communications Commission is engaged in several proceedings to define the technical and business interfaces between multichannel networks, home domains, and consumer navigation, recording, and display devices. We have been assisting the National Cable & Telecommunications Association and others in the cable industry in the development of the technical vision and architecture, pleadings, and regulatory strategy before the Federal Communications Commission. (Ongoing)
Patent services for Cable Television Laboratories, Inc.
Detection of unauthorized access to digital media content, and data broadcasting in cable systems (Ongoing)
Pole attachment agreements and rulemakings for cable and telecommunications clients; numerous state and cable telecommunications associations
Counsel clients on negotiation of rates, terms and conditions for utility pole attachments, pole attachments rate litigation and rulemakings at the FCC and state public service commissions. (Ongoing)
Pole attachment matters for Fibertech Networks
Representation of Fibertech Networks before the FCC and New Jersey Board of Public Utilities on pole attachment matters. (Ongoing)
Pole attachment rulemakings for cable television and telecommunications providers
Involvement in federal and state pole attachment rulemakings to ensure that communications clients obtain and retain access to essential outside plant facilities on just and reasonable rates, terms and conditions.
Pole attachments for broadband and wireless clients
Negotiate agreements on behalf of broadband and wireless clients including state broadband and cable associations, Armstrong Utilities, Atlantic Broadband, Charter Communications and others, for pole attachments and help to resolve disputes concerning pole attachment agreement rates, terms and conditions of carriage. (Ongoing)
Advises on political broadcasting and cablecasting rules and issues, regularly representing broadcast and cable TV clients at the Federal Communications Commission. (Ongoing)
Pre-broadcast counseling and production legal services
Provide pre-broadcast counseling and production legal services for television networks and production companies, documentarians and others, including Comedy Central, Showtime, ITV America, Adult Swim, truTV, HBO, Lionsgate, FishBowl, Magical Elves, Titmouse, Starburns, Abso Lutely, and Disarming Films. Work on projects including, "South Park," "Tosh.0," "Californication," "House of Lies," "Dexter," "Kitchen Nightmares," "Car Chasers," "Cold Justice," "China, IL," "Nathan for You," "Review with Forrest MacNeil," "Rick and Morty," "Metalocalypse," "Black Dynamite," "Upload with Shaquille O'Neal," "West of Memphis," and "Unlawful Killing." (Ongoing)
Privacy compliance issues for national cable operator
Advise national cable MSO with respect to FCC privacy compliance issues. (Ongoing)
Procurement for cable operators and equipment manufacturers
Advise clients on state and federal procurement requirements. (Ongoing)
Programming issues for cable clients
Counsel clients on programming issues, including commercial negotiations and regulatory issues. Particular focus on cable carriage of analog and digital broadcast signals. Have adjudicated dozens of signal carriage cases at the FCC. (Ongoing)
Public service commission testimony for New England Cable Television Association
Provided expert testimony in Connecticut Department of Public Utility Control proceeding regarding electric utility proposed pole attachment rents and best practices for terms and conditions of contract. (Ongoing)
Regulatory compliance and signal carriage for cable and telecommunications clients
Successful representation of communications clients on retransmission consent, must carry, market modification, network nonduplication, syndicated exclusivity and rate justification issues before the FCC, state and local agencies, and federal courts. (Ongoing)
Rural health care/universal service for national cable operator
Represent national cable MSO in connection with rural health care/universal service reform proceedings. (Ongoing)
Set top box antitrust class actions against cable service providers
Obtained very favorable settlement for cable operator client in putative consumer class action alleging tying claims under the Sherman Act. (S.D.N.Y., 2011) Currently defending same claim for separate cable operator client. (N.D. Ala., Ongoing)
Telecom privacy and law enforcement matters for telecom and cable clients
Advise telecom and cable clients on a wide range of statutory and regulatory privacy and law enforcement matters (CPNI, CALEA, CDMA, etc.). (Ongoing)
Represents television production client on trademark applications for cable television goods and services at the U.S. Patent and Trademark Office, and in opposition proceeding before the Trademark Trial and Appeal Board. (Ongoing)
Universal service for telecom and cable operator clients
Represent telecom and cable operator clients in high cost, rural health care and low income universal service proceedings and disputes. (Ongoing)
Cox Communications Hampton Roads, LLC v. Dominion Virginia Power
Represented Cox before the Federal Communications Commission in case related to Section 224(i) of the Communications Act. (2015)
Cox Communications Las Vegas, Inc. v. NV Energy, Inc.
Represented Cox before the Federal Communications Commission in a case related to NVE’s imposition of Grade B construction standards in a manner that prevents Cox from deploying network until after existing Grade C poles are upgraded. (2015)
Breach of contract for copyright royalties for national cable service provider
Obtained judgment for cable operator against broadcaster for breach of agreement to indemnify operator for payment of copyright royalties. Executed judgment through court ordered receivership and sale of station assets. (S.D.W.VA. and 4th Cir., 2014)
CL&P pole attachment rate case
Represented New England Cable Television Association in case before the Connecticut Public Utility Regulatory Authority concerning CL&P’s pole attachment rental rates. (2014)
Comcast v. NOVEC
Represented Comcast before the Virginia State Corporation Commission in case of first impression under amended state law requiring cooperative pole owner rents to be cost based and reasonable. (2014)
Gulf Power Company v. Comcast of the South, Inc.
Defended Comcast against Gulf Power claims relating to back rent owed based upon pole attachment audit. (2014)
Various cable companies
Filed comments in FCC CG Docket No. 05-231, In the Matter of Closed Captioning of Video Programming, on behalf of Charter, Cablevision, Mediacom, Suddenlink and Time Warner Cable. (2014)
Competitive pricing litigation
Represented national provider of cable television, Internet, and telephone services defending claims of improper price competition and business torts in multi-forum litigation brought by competitor. (Cir. Ct., Wood Cnty, (W.V.) 2007, S. Ct. (W.V.) 2011, W. Va. PSC 2013)
Fibertech Networks v. Baltimore Gas and Electric Company
Represented Fibertech Networks before the Federal Communications Commission in a case challenging BGE’s imposition of Grade B construction standards in a manner that prevented Fibertech Networks from deploying network until after existing Grade C poles were upgraded. (2013)
Gulf Power Co. v. FCC
Represented cable operators in successfully defending on appeal victory in pole attachment complaint against Gulf Power, after defendant terminated pole attachment agreements and demanded new ones with 600 percent rate increases. (D.C. Cir. 2012)
New Hampshire Public Utility Commission proceeding for Time Warner Cable, Inc.
Represented cable operator client in dispute before the PUC concerning the appropriate amount of Public Service Company of New Hampshire pole attachment rental rates. (2012)
Petition of Liberty Cablevision of Puerto Rico LLC for arbitration of an interconnection agreement with Puerto Rico Telephone Company
Section 251/252 federal negotiation/arbitration (for Liberty Cablevision) of interconnection agreement. Prevailed for Liberty on all issues, including issues of first impression regarding IP-based interconnection and the Section 251/252 interconnection rights of cable-based VoIP providers. Puerto Rico Telecommunications Regulatory Board, JRT-2012-AR-0001 (2012)
Bright House Networks Information Services (Florida) LLC v. Verizon Florida, LLC et al.
State PSC complaint (for Bright House) against long distance carriers to collect cable-VoIP provider’s access charges for calls to VoIP services. Prevailed against long distance carriers’ motion to dismiss, leading to settlement of case. Florida PSC, Docket No. 110056-TP (2011)
Connecticut proceeding for New England Cable Television Association
Consulting and developing testimony and related filings in Connecticut Department of Public Utility Control proceeding regarding Connecticut Light and Power proposed pole attachment rental rate increase and new terms and conditions of attachment, and negotiating interim pole attachment agreement to govern until final agreement adopted in proceeding. (2011)
Federal intercarrier compensation reform for Charter Communications
Advocated for reform of FCC’s intercarrier compensation and interconnection rules on behalf of cable VoIP provider. (2011)
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
National provider of broadband services
Representation of Fibertech Networks in litigation before the FCC, state regulatory bodies, and state court on pole attachment matters. (2011)
USF issues for national provider of cable services and one of the world's leading communications companies
Represented clients before the Oregon PUC in defeating request that the PUC modify the intrastate USF to include funds to make up for lost intercarrier compensation and access charges. (2010-2011)
Acquisition of cable broadband and VoIP provider for Suddenlink Communications
Secure FCC and state license transfers, and assist with due diligence and regulatory counseling concerning acquisition of cable broadband and VoIP assets. (2010)
Broadband plant relocation counseling
Represented major cable operator obtaining municipal reimbursement for costs associated with the relocation of cable system as part of various municipal improvement projects. (2010)
Competitive services in multiple dwelling buildings for national cable service provider
Represent national provider before the Federal Communications Commission in proceedings concerning exclusive cable television service in condominiums, apartments, and other MDUs. (FCC 2010)
Defend cable MSO against challenge to change of access channel location and format
Lead counsel defending against claims brought by several cities challenging service provider's plan to change the channel location and format of public, educational and educational access channels. (U.S.D.C. 2008, FCC 2010)
Defend national ISP against claims for Internet access service fees
Lead counsel for national provider of broadband services against claims of cities seeking payment of local franchise fees on revenue received by the cable provider from its provision of broadband Internet access service. (State S. Ct. 2008, State Ct. App. 2010)
Defense against imposition of taxes for cable service provider
Defended client against an attempt by the City of Eugene, Ore., to impose $14 million in taxes on revenues from cable modem services when such taxes are barred by the Internet Tax Freedom Act. Prevailed at bench trial.
Negotiation of pole attachment agreement for Florida Cable Television Association
Negotiation of pole attachment agreement with large investor owned utility in Florida on behalf of Florida Cable Television Association and its members, Comcast, Cox, Bright House Networks, and MediaCom. (2010)
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)
Putative statewide privacy class action for national cable service provider
Represented national cable service provider in putative statewide class action alleging state wiretap claims in relation to call center operations. Obtained order enforcing client’s arbitration provision, including its class action waiver. Affirmed on appeal. (Baltimore City Cir. Crt. and Md. Ct. Spec. App. 2010)
Wholesale interconnection arbitration
Represented major cable operator in multistate public service commission arbitration proceedings upholding operator's wholesale telecommunications interconnection rights. (2010)
Broadband service provider for Charter Communications, Inc.
Represented national provider of cable television, Internet, and telephone services in obtaining federal, state, and local approvals for corporate restructuring. (2009)
Defense of cable operator in a putative class action
Defended national provider of broadband services in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals. 150 Wn. App. 721, 208 P.3d 1261 (Wash. App. 2009)
Internet, ITFA and telecommunications taxes for national cable company
Won trial court order refunding $2.1 million in taxes paid by national cable company to the City of Seattle on cable Internet service. Won unanimous Washington Supreme Court decision affirming the judgment on appeal. 164 Wn.2d 35, 186 P.3d 1032 (2008)
New Jersey Telecommunications Association et al. v. Fox
Counsel for national cable television operator in a case challenging requirements under New Jersey law for cable operators to allow competitors to use their cable networks. (D.N.J. 2008)
Television dispute over cable carriage
Lead counsel defending a complaint filed by TV station concerning carriage of the station on cable systems. (FCC 2008)
Defended challenge to multi-billion dollar merger
Lead counsel defending against claims that broadband service provider unlawfully closed multibillion-dollar acquisition of cable systems. (St. Ct. 2006, aff’d, St. Ct. App. 2007)
Defense of class action for national cable service provider
Prevailed before the Maryland Court of Appeals affirming the dismissal of a novel class action claim alleging statewide trespass in relation to client's placement of facilities. (2007)
In re Avista Corp. Securities Litigation*
Represented Avista Corporation through discovery and motions practice in a securities fraud class action pending in federal court in the Eastern District of Washington. A favorable settlement was reached while dispositive motions were pending. (2007)
Office of Consumer Council v. Southern New England Tel. Co.
Order granting plaintiff's summary judgment; establishing that AT&T video programming service is cable service and that AT&T is a 'cable operator' providing service over a 'cable system' subject to franchising requirements applicable under the Federal Cable Act. (Vacated on mootness grounds after new legislation applied new franchise requirements to AT&T.) 515 F. Supp. 2d 269 (D. Conn. 2007) Read more
Branch Banking Company v. PanAmSat and Seaton Broadcasting
Represented cable television network in contract litigation with satellite operator regarding unauthorized satellite transponder migration, obtaining favorable settlement.
In re: Adelphia Communications Corporation
Litigated a variety of contract claims against Adelphia in what was at the time the largest domestic bankruptcy. (2006)
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
In re Elantic Telecom
Represented Adelphia Communications with respect to assumption or rejections of its IRU Agreement with the debtor. (2004)
Simon and Galley v. AT&T et al.
Obtained denial of class certification for major cable television operator, Adelphia Communications Corp., of federal class action alleging illegal tying of Internet content services to internet access service in violation of federal and California state antitrust laws. (9th Cir., 2001)
Campbell v. Acuff-Rose Music, Inc.
In a case that set standards for copyright fair use in cases of parody, the U.S. Supreme Court held that the commercial nature of a parody does not render it presumptively beyond the bounds of fair use. Filed amicus curiae brief on behalf of HBO and other media companies. 510 U.S. 569, 114 S. Ct. 1164 (U.S. 1994)
In re Cable News Network, Inc.
Represented CNN in prior restraint action brought by Manuel Noriega to prevent broadcast of tapes of phone conversations between Noriega and his defense counsel. Case involved conflict between First Amendment prohibition against prior restraints on media and Sixth Amendment right to fair trial. 917 F.2d 1543; cert. denied, 498 U.S. 976 (11th Cir. 1990)
Bestview Cable v. City of Abbeville, S.C.
Obtained injunction for cable television operator enjoining rival company from operating competing cable system and ordering dismantling of system.
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.
Advises clients on local, state and federal broadband policies, including the FCC’s National Broadband Plan and Congressional legislation. Founded and contributes regularly to the Broadband Law Advisor
, a regular blog about the events related to the National Broadband Plan and the FCC’s “Third Way” approach to regulating Internet networks under Title II of the Communications Act.
Cable broadcast signal carriage disputes for cable operators and cable networks
Represented cable operators and cable networks in FCC complaint and rulemaking proceedings concerning must carry and retransmission consent rules.
Cable diversification to non-video services for cable MSOs, state cable and telecommunications associations
Obtained the first FCC and court rulings allowing cable television operators to deliver telecommunications without losing their favorable status as 'cable'.
Cable regulatory for major cable companies and small independent cable companies
Representation of major cable companies, as well as small independent cable companies, operating under the Communications Act, as amended by the 1984 and 1992 Cable Acts, and the 1996 Telecommunications Act. Read more
Cable reorganizations for cable MSO
Designed and executed the complex process for obtaining necessary regulatory consents to Chapter 11 reorganization of a major cable television operator involving the Federal Communications Commission, State Public Service Commissions, and more than 3,000 local and state cable franchises.
Cable services to PCs for cable MSOs, NCTA, CableLabs
Negotiation of the cable industry agreement with Microsoft to deliver cable services securely to PCs.
Cable television and telecommunications law and policy for cable MSOs, NCTA, and state cable and telecommunications associations
Since 1978, working with major cable companies and cable associations on legal, regulatory, and strategic issues that have emerged as the industry has developed.
Centennial Florida Switch Company v. Global Caribbean Network
Co-counsel in litigation arising from defendant contractor's alleged negligent installation of undersea cable for plaintiff telephone carrier, resulting in favorable confidential settlement.
Copyright matters for cable clients
Counsels cable clients on copyright matters, particularly under Section 111 of the Copyright Act. Litigation experience includes several key cases involving application of Section 111.
C-Span v. FCC
Represented consortium of cable television networks, as amici curiae, in support of constitutional challenge to FCC leased access regulations.
Customer Proprietary Network Information for cable operator client
Developed policies and employee training materials for Customer Proprietary Network Information (CPNI) rules for 30 companies.
Cybersecurity for cable MSOs
Consultation with federal security agencies on network and supply chain security.
Deployment of broadband and voice offerings for cable MSOs, NCTA, state cable and telecommunications associations
Facilitated the economical deployment of coax, and then fiber, by successfully resisting pole attachment overcharges and abuses through key cases at the FCC and in the U.S. Courts of Appeal and the U.S. Supreme Court. Read more
DirecTV, Inc. v. Treesh, Commissioner of the Revenue
Represented Kentucky Cable & Telecommunications Association, as amicus curiae, in federal district court and court of appeals, in support of successful defense of constitutional challenge (under Commerce Clause) by DBS operators to Kentucky sales and excise tax equalization legislation.
FCC commercial leased access and closed captioning requirements
Provide ongoing compliance advice and represent clients in disputes before the FCC.
FCC regulatory compliance for cable and telecommunications clients
Extensive experience in the area of cable television programming and representation of cable and telecommunications clients on a wide variety of issues at the Federal Communications Commission.
FCC rulemaking proceedings for coalitions of cable television program networks
Regularly represents 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.
Federal and state regulatory representation of cable television and telecommunications providers
Successful representation of clients before the FCC and state regulatory agencies on matters related to outside plant and communications facilities deployment, particularly in the area of pole attachment rates, terms and conditions.
Franchise negotiations for TCI, AT&T Broadband, Charter Communications
Negotiated hundreds of franchise renewals for a variety of cable companies, including Seattle and King County, Wash., West Covina, Calif., Denver Metro Consortium, Colo., and West Palm Beach, Fla. The negotiations ended in favorable business arrangements and long-term franchise renewals for the companies.
Franchise review and transfer for Adelphia Communications and Charter Communications
Reviewed thousands of cable franchisees for Adelphia and Charter and determined whether local regulatory consent would be required for a variety of different transactions. A variety of complex information was summarized and entered in databases for the clients.
Franchise transfer project for Adelphia Communications
Represented Adelphia Communications in the sale of its cable systems out of Chapter 11 bankruptcy to Time Warner and Comcast Communications. Managed the team that handled the regulatory aspects of the transaction, including obtaining consent from more than 1,600 local municipalities.
Franchise University government relations training program for Charter Communications
Created the curriculum and materials and provided instruction for a national provider of broadband services' first training program for government relations employees. This three-day program has become the provider's premier annual training program. Developed additional curriculum and materials and provided instruction for subsequent Franchise University programs.
General regulatory compliance and evolving business operations for cable clients
Counsel cable clients on general regulatory compliance and evolving business operations. Particular focus on rates, consumer relations and competition. Have adjudicated dozens of rate-related cases at the FCC.
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, movie rental companies, and others.
In the matter of Adelphia Communications Corp.
Represented Adelphia Communications Corp. in defense of a nationwide federal contract debarment action brought by U.S. Department of the Air Force and the U.S. General Services Administration, obtaining complete rescission of the debarment.
James Cable Partners v. City of Jamestown, TN
Obtained federal and state court injunctions for cable television operator, enjoining municipality from operating competing cable system, and subsequent contempt order and attorney fee award against city for violation of prior injunction.
Licensing for the cable industry
Drafted and negotiated cable industry licenses for the downloadable conditional access system (DCAS).
Lipschutz v. AT&T et al.
Obtained dismissal for major cable television operator, Adelphia Communications Corp., of consumer class action alleging illegal collection of franchise fees and billing overcharges.
Local and state franchising issues for cable and telecommunications clients
Regularly practicing cable television and telecommunications law, with a particular emphasis on local and state franchising issues.
Local franchising of cable and telecommunications providers for cable and telecommunications providers
Local franchising of cable and telecommunications providers, franchise renewals and transfers, fiber lease and transportation agreements, pole attachments and competitive entry in the local telecommunications markets.
Mergers for multinational cable and Internet operator*
Represented multinational cable and Internet operator in connection with structuring, documentation, and negotiations related to sale of its business in numerous jurisdictions.
National technology platform for interactive television for cable MSOs, NCTA, CableLabs
Negotiation of the multi-industry contract and licensing for delivering interactive 'Tru2way' digital television through common middleware.
Network neutrality for cable MSOs
Engaged in a Federal Communications Commission rulemaking concerning 'network neutrality' rules for Internet service providers, including nondiscrimination obligations, limits on network management techniques, and disclosure requirements. Representing major cable television companies to help shape these complex regulations which affect network operations, the business relations between the 'edge' and core of the Internet, and innovation. Assisting MSOs with new net neutrality 'transparency' notices.
Oz Technology v. Maryland Public Television et al.
Obtained dismissal of false light/defamation case against Speedvision Network.
Plug-and-play' negotiations for the cable industry
Represented the cable industry in the two-way 'plug-and-play' negotiations between the cable industry and the consumer electronics and IT industries.
'Plug-and-play' regulations and technology licensing agreements for cable MSOs, NCTA, CableLabs
Facilitated the negotiations between the cable industry and the consumer electronics and IT industries, leading to the FCC's 'plug-and-play' regulations and technology licensing agreements with the consumer electronics industry. Handled rulemaking comments and ex partes leading to FCC revision of its 'CableCARD' bundling, and set-top output rules in 2010. Handled FCC Notice of Inquiry comments and ex partes concerning 'AllVid' proposal. Assisting MSOs with new CableCARD notices.
Plyman et al. v. Century Venture Corp.
Obtained dismissal for major cable television operator, Century Cable, of consumer class action alleging illegal collection of franchise fees and billing overcharges.
Pole attachment access for cable television and telecommunications providers
Successful representation of clients in their efforts to obtain affordable access to poles and conduit under federal and state law.
Pole attachment agreements and rates for cable television and telecommunications providers
Negotiating/enforcing just and reasonable pole attachment agreements and rates for cable, telecommunications and wireless clients.
Pole attachment rate rulemaking proceedings
On behalf of major cable television operators and state cable associations filed comments and reconsideration petitions before the FCC.
Pole attachments for cable MSOs, NCTA
Handled rulemaking comments and ex partes leading to FCC revision of its pole attachment rules in 2011 to provide pole attachment rate parity between telecommunications providers and cable operators and to establish new rules to expedite makeready. Outcome upheld by DC Circuit in 2013.
Re-regulation under the 1992 Cable Act for cable MSOs, NCTA
Part of the NCTA legal team to steer the industry through re-regulation under the 1992 Cable Act.
Set-top box litigation for cable MSOs
Provided advice to litigation counsel on set-top box and navigation device technologies and market.
Set-top box waiver for cable operators
Obtained waivers for 10 cable operators from the FCC's ban on the deployment of integrated set-top boxes.
State 'level-playing field' franchise law for state cable and telecommunications associations
Along with the Florida Cable Telecommunications Association team, negotiated and wrote the first state 'level-playing field' franchise law.
T.V. Signal Company of Aberdeen v. AT&T et al.
Represented cable television operator in successful antitrust litigation, obtaining judgment establishing Sherman Act liability against AT&T and its subsidiary Northwestern Bell based on essential facilities and bathtub conspiracy claims.
The Local Church et al. v. Harvest House Publishers
Represented cable television network operator and publisher, Inspiration Networks, as amicus curiae, in support of publisher's successful First Amendment defense of defamation action brought against publisher for including discussion of plaintiff religious organization in book on religious cults.
Watson Cable v. Department of Air Force
Obtained substantial settlement for cable television operator, Watson Cable, from U.S. Department of Air Force in Armed Services Board of Contract Appeals litigation arising from agency's breach of cable television operator's exclusive franchise.
* Denotes experience completed at a prior firm