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Communications Regulatory

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)

Acquisitions, sales, and mergers for telecommunications and cable clients

Regularly counsel clients on acquisitions, sales, and mergers of regulated companies. (Ongoing)

Bankruptcy proceeding for Educational Media Foundation

Representing a station owner and creditor in several radio station bankruptcies in acquiring stations and protecting secured claims. (Ongoing)

Broadband infrastructure projects for broadband and wireless clients

Represented several applicants in Stimulus Act broadband infrastructure deployment grant programs, including a $400 million proposal for an undersea cable project and nationwide wireless broadband projects, as well as smaller public computer center and sustainable broadband adoption projects; continuing to advise clients on grant administration and compliance matters. (Ongoing)

Business planning for telecommunications clients

Strategic business planning for market entry, contract formation and negotiation, public and private capital opportunities, regulatory compliance, legislative interaction, and civil and administrative litigation. (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

Carrier billing

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)

Communications and data privacy compliance for a leading global technology provider

Advising on communications regulatory, privacy, and law enforcement assistance obligations in more than 85 countries related to the launch of cloud-based unified communications services for organizations and businesses. (Ongoing)

Congressional/state lobbying for telecommunications and cable clients

Routinely interact with Congress and state legislatures on behalf of clients, providing advice on pending legislation and soliciting Congressional or local legislative support for individual businesses. (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)

FCC regulatory compliance for wireline and wireless telecom and ISP clients

Represent wireline and wireless telecom and ISP clients in rulemakings and disputes before the FCC and state public service commissions. Provide advice to clients concerning compliance with FCC and USAC regulatory requirements and statutory mandates, including successfully obtaining waivers of major regulatory requirements. (Ongoing)

FCC representation

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)

Federal and state approvals for transfers of control

Secured several federal and state approvals for transfers of control for telephone companies, undersea cables and international telecom providers. (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)

GLAD v. Time Warner

Representing Time Warner in class action lawsuit involving defense of claims under California's Unruh Civil Rights Act and Disabled Persons Act regarding closed captioning of news videos appearing on CNN.com. (N.D. Cal. & 9th Cir. U.S. Ongoing)

Implementation of Section 224 of the Act; Amendment of the Commission's Rules and Policies Governing Pole Attachments for NextG Networks, Inc.

Represent distributed antenna system (DAS) provider submitting comments in rulemaking regarding FCC policies and rules governing utility pole attachment rates, terms and conditions. WC Docket No. 07-245 (F.C.C. Ongoing) Read more

Interconnection agreements for competitive local exchange carriers

Successfully negotiate interconnection agreements with incumbent local exchange carriers on behalf of new entrants, and arbitrated several other agreements. (Ongoing)

Interconnection agreements for Telephone Service Providers

Negotiates and arbitrates interconnection agreements, and advises telephone service providers on intercarrier compensation, universal service compliance and reform, obtaining universal service funding for high-cost areas, and complex carrier-to-carrier billing disputes. (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)

Land use permits for national wireless carriers

Obtain land use permits for telecommunications facilities sited on private property and in the public right of way and on utility poles; obtained hundreds of permits in the first instance and on appeal on behalf of nearly all of the major wireless carriers. (Ongoing)

Law and policy drafting for state legislators and committees

Regularly appears before state legislatures, often working with legislators and committees to draft new laws protecting communications interests. (Ongoing)

Legislative testimony for communications sector clients and industry associations

Testify before state legislatures to advocate for the passage of just and reasonable state pole attachment law.

Lifeline reform proceeding for Third Party Verification, Inc. (3PV)

Represent a national verification database company in FCC Lifeline Reform proceedings. (Ongoing)

Litigation for competitive local exchange carriers/cable system operators

Successfully litigated against incumbent telephone companies before state agencies and federal courts. (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

Music licensing and Internet gambling advice

Advises clients on legal issues relating to music licensing, Internet gambling, and potential liability for defamation, obscenity, and indecency. (Ongoing)

National DAS provider

Represent national DAS provider in obtaining various state regulatory authority certificates. (Ongoing)

National wireless carrier

Representation of a national wireless carrier in wireless siting litigation in various federal courts, challenging denial of client's wireless siting applications under Section 332(c)(7) of the federal Communications Act. (Ongoing)

National wireless carrier

Representation of a national wireless carrier before various local governments on matters relating to local regulation of wireless facility siting. (Ongoing)

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)

NextG Networks of Cal., Inc. v. City of Huntington Beach

Lead counsel for distributed antenna system (DAS) operator, NextG, in federal and state court litigation challenging municipal regulation of wireless deployment in public rights of way. SACV 07-1471 ABC (RNBx) (C.D. Cal. Ongoing) Read more

Next-generation downloadable security for cable MSOs

Assisted a major cable television company in developing and deploying an innovative system of next-generation downloadable security. He previously structured the architecture, governance, licensing and other contracts required for the Polycipher security architecture. (Ongoing)

Pole attachment litigation for cable television and telecommunications providers

Litigated case of first impression against a Washington Public Utility District in the application of a new pole attachment rate formula statute to communications clients. (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)

Pole attachments for New England Cable & Telecommunications Association

Vermont proceeding concerning adoption of rules and regulations concerning pole attachments and conforming tariff proceedings. (Ongoing)

Political advertising

Advises on political broadcasting and cablecasting rules and issues, regularly representing broadcast and cable TV clients at the Federal Communications Commission. (Ongoing)

Privacy compliance issues for national cable operator

Advise national cable MSO with respect to FCC privacy compliance issues. (Ongoing)

Privacy requirements for advanced advertising platforms for interactive and advanced advertising vendors, cable MSOs

Development of 'privacy by design' architectures and practices to meet federal, state and business privacy requirements for advanced advertising platforms. Representing a co-venture of major cable television operators in building a national platform for advanced advertising. Representation in privacy inquiries at FTC, Department of Commerce privacy 'Green Paper,' developing federal privacy and data security legislation. (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)

Regulatory - electric for City of St. Paul

Representing City and its utilities in obtaining certificates from the Regulatory Commission of Alaska and for a dispute with competing entities over exclusive service rights. (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)

Regulatory for telecommunications and cable clients

Advises coverage analysts on developing regulatory matters. (Ongoing)

Regulatory for telecommunications and cable clients

Extensive experience before state utility commissions, the FCC and various 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)

Spectrum lease agreements for Clearwire Corporation

Negotiate spectrum lease agreements for use by providers of wireless services. (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)

National DAS provider

Assist national DAS provider with federal and state regulatory compliance issues. (Ongoing)

Transactional negotiations

Negotiates purchase agreements and handles related documentation and regulatory issues for radio and TV broadcast clients including LMAs. Has handled the purchase and sale of multiple broadcast stations including LPTV transactions. (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)

City of Arlington, Texas v. FCC*

Successfully defended FCC order designed to promote the deployment of wireless Internet services by requiring local zoning authorities to timely act on wireless carriers’ applications to construct and modify cell phone towers and wireless facilities. Writing for Bloomberg, Professor Cass Sunstein has described the case as "an important victory" for the Government "that will long define the relationship between federal agencies and federal courts." 113 S. Ct. 1863 (2013)

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)

Government relations for Charter Communications*

Provided legal support to Charter’s government relations teams, advising of legal and business implications of regulatory proceedings and pending legislation. (2011-2012)

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)

Puerto Rico Telephone Company, Inc. v. T-Mobile Puerto Rico LLC

Appeal (for T-Mobile) of federal district court decision imposing multi-million-dollar liability on T-Mobile arising from pricing dispute for telecom services provided by Puerto Rico Telephone Company. First Circuit reversed the district court and directed that judgment be entered for T-Mobile. 678 F.3d 49 (1st. Cir. 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)

Centennial Puerto Rico License Corp. v. Telecommunications Regulatory Board of Puerto Rico

Handled (for Centennial) defense of appeal of federal district court ruling arising from Section 251/252 federal interconnection arbitration with Puerto Rico Telephone Company (PRTC); prevailed on issues regarding contract provisions to encourage accurate billing by PRTC and PRTC obligation to facilitate interconnection between Centennial and PRTC’s wireless services division. 634 F.3d 17 (1st Cir. 2011)

Exchange access tariff re-write

Rewrote national competitive carrier’s interstate and intrastate access tariffs to enable unconventional nationwide consolidated tandem service and facilitate integration of IP-based and other non-traditional switching technologies into exchange access service. (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)

Federal universal service fund investigations for National Cable VoIP Provider

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

Intercarrier compensation reform

Wrote and filed comments and handled numerous ex parte meetings and filings with FCC staff for cable-VoIP provider explaining the importance of equal, symmetrical treatment in intercarrier compensation (access charges and local interconnection) of traffic that begins or ends on VoIP services as compared to traditional telephone services. In the Matter of Connect America Fund, et al., WC Docket Nos. 10-90, et al. (2011)

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)

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

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

XO Communications v. AT&T California

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

Communications merger cases for Charter Communications, LLC

Litigated competition issues to obtain favorable merger conditions in federal and state regulatory proceedings reviewing merger of two incumbent local exchange companies. (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)

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)

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)

Digital media service licensing, distribution and regulatory arrangements for Kangaroo Media

Represented the provider of the Kangaroo TV handheld interactive television service at Formula One races worldwide in its commercial distribution, sponsorship and content licensing arrangements and in securing broadcast licenses for its operations at F1 races in Europe. (2010)

EU Audiovisual Media Services Directive for several Internet companies*

Advised clients on the potential application of the U.K.'s implementation of the EU Audiovisual Media Services Directive to content services delivered over the Internet. (2010)

In the matter of preserving the open Internet; broadband industry practices

In comments for Bright House Networks, developed innovative economic analysis of Internet ecosystem in support of reasonable regulatory treatment of "specialized services" (services with special traffic management requirements) within the FCC’s network neutrality framework. FCC GN Docket No. 09-191, WC Docket No. 07-52 (2010)

Interconnection agreement negotiations for XO Communications, LLC

Negotiate interconnection and intercarrier compensation issues with AT&T on behalf of competitive provider XO Communications Services, Inc. (2010)

Maine PUC inquiry for national telecommunications company

Representation of a national telecommunications company VoIP affiliate before state utility commission determining jurisdiction over VoIP. (2009-2010)

Petition for arbitration of certain terms and conditions of an interconnection agreement with Verizon Florida, LLC by Bright House Networks Information Services (Florida), LLC

Section 251/252 federal negotiation/arbitration (for Bright House) of interconnection agreement with Verizon Florida. Negotiated and arbitrated numerous issues involving interconnection architecture, charges for services, and business terms. Florida PSC, Docket No. 090501-TP (2010)

Verizon-PA v. One Communications

Defense of CLEC intrastate access charges before statute public utility commission. (2009-2010)

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)

Charter Fiberlink v. CenturyTel

On behalf of Charter Communications, arbitration of interconnection rates and terms in Missouri, Wisconsin, and Texas. (2009)

Charter Fiberlink v. Qwest

On behalf of Charter Communications, arbitration of interconnection rates and terms in Minnesota and Washington. (2009)

European communications policy-making for several online companies*

Advised companies on a range of communications policy and compliance issues in Europe, including the recently completed review of its electronic communications regulatory framework, the regulation of VoIP services, incentives for the creation of next-generation high-speed data networks and net neutrality/broadband access rights. This work involved regular advocacy before policy makers in Brussels and key national regulators, such as the U.K.'s Office of Communications. (2009)

Interconnection negotiations for national telecommunications company

Representation of a national telecommunications company in interconnection negotiations versus incumbent LEC before Missouri, Texas and Wisconsin state utility commissions. (2009)

Telecommunications regulatory for NextG Networks, Inc.

Represent DAS provider NextG Networks in obtaining federal, state and local regulatory approvals for corporate change of control. (2009)

Wireless zoning for national wireless carrier

Lead counsel for a national wireless carrier in precedent-setting wireless siting litigation before the 9th Circuit and District Court. Successfully obtained District Court order finding city’s denial of the client's wireless siting application violated Section 332(c)(7) of the federal Communications Act, and obtained order of 9th Circuit affirming District Court. (2008-2009) Read more

Charter Fiberlink v. CenturyTel

On behalf of plaintiff, secured favorable decision and settlement terms in litigation of number porting fees disputes in Missouri and Wisconsin. (2008)

Charter Fiberlink v. Wood County Tel.

On behalf of Charter Communications, arbitration of interconnection rates and terms in Minnesota. (2008)

CTIA v. Federal Communications Commission

Represented telecommunications provider in successful D.C. Circuit appeal of FCC decision imposing back-up power requirements on all telephone company and wireless facilities. Nos. 07-1475, 07-1477, 07-1480 (D.C. Cir. 2008) Read more

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)

Pole attachments for Florida Cable Telecommunications Association Inc.

Florida Public Service Commission (PSC) rulemaking and related proceedings concerning electric utility storm hardening plans. Successfully limited PSC oversight of the standards and procedures governing third-party attachments to utility poles. (2008)

Pole attachments for New England Cable & Telecommunications Association

New Hampshire proceeding concerning adoption of rules and regulations governing pole attachments. (2008)

Technology transactions for Microsoft

Represented Microsoft Corporation in negotiations relating to providing technology used in putting NBC's 2008 Summer Olympics content on the Internet (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)

Verizon Florida, LLC v. FCC

Represented Bright House Networks before the FCC and the D.C. Circuit in dispute with Verizon over Verizon’s misuse of confidential information about telephone customers Bright House won from Verizon, to try to keep those customers from switching to Bright House; Bright House and co-plaintiffs before the FCC prevailed on all points. Verizon Florida, LLC v. FCC, 555 F.3d 270 (D.C. Cir. 2009), affirming Bright House Networks, LLC v. Verizon California, Inc., 23 FCC Rcd 10704 (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 Application of Verizon Virginia, Inc. for Retail Services Deregulation and Detariffing

Represented competitive carrier in opposition to Verizon deregulation request. Case No. PUC-2007-00008 (Va. SCC 2007)

NextG Networks of Calif., Inc. v. County of Los Angeles

Order granting preliminary injunction prohibiting defendant county from enforcing its wireless zoning code against NextG on the grounds that the code is pre-empted by Section 253 of the Federal Communications Act. 522 F. Supp. 2d 1240 (C.D. Cal. 2007) Read more

North County Communications v. California Catalog & Technology

Represented wireless telecommunications carriers in suit brought by CLEC seeking compensation for traffic terminated on its network. The case was dismissed. The judgment was affirmed on appeal. 594 F.3d 1149 (9th Cir. 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

In re Petition of Charter Fiberlink MA-CCO, LLC for Arbitration of an Interconnection Agreement with Verizon

Section 251/252 arbitration of fiber meet point interconnection terms. DTE 06-56 (2006)

In re Petition of Verizon NJ for Arbitration of Interconnection Amendment Concerning Unbundled Network Elements

Multi-party interconnection arbitration proceeding implementing TRO and TRRO UNE amendments. Docket TO 05050418 (2006)

In re Wisconsin PSC Investigation into Transit Traffic

Litigation of transit traffic interconnection issues in multi-party proceeding involving competitive, incumbent and rural LECs. Docket No. 05-TI-1068 (2006)

MetroPCS, Inc. v. City and County of San Francisco

Trial of a case brought under Section 332 of the Communications Act. One of the few cases in the history of this important statute ever to go to trial. The appellate opinion is the most important decision in the Ninth Circuit construing this statute. 400 F.3d 715 (9th Cir. 2005); 2006 U.S. Dist. LEXIS 43985 (N.D. Cal. 2006)

NextG Networks of Calif., Inc. v. City & County of San Francisco

Order granting judgment and permanent injunction for NextG, pre-empting pursuant to Section 253 of federal Communications Act the defendant city's requirements for deployment of wireless facilities in public rights-of-way. 2006 U.S. Dist. LEXIS 36101 (N.D. Cal. 2006; 9th Cir. 2006)

Qwest v. Universal Telecom

Section 251/252 arbitration of interconnection agreement terms and compensation provisions against Qwest Corp. Case No. ARB 671 (2006)

Southwestern Bell Tel., L.P. v. Missouri Public Service Comm'n

Federal district court appeal of interconnection arbitration decision concerning intercarrier compensation for CLEC. 461 F. Supp. 2d 1055 (E.D. Mo. 2006)

Telecommunications regulatory approvals for Sprint Corporation

Obtained state regulatory approvals nationwide for spinoff of Embarq Corporation from Sprint. (2006)

In re Petition of SBC Missouri for Arbitration of Unresolved Issues Associated with Interconnection Agreements to Replace M2A Agreements

Section 251/252 interconnection arbitration proceeding against SBC/AT&T in Missouri. Case No. TO-2005-0336 (8th Cir. 2005)

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)

Telecommunications regulatory for Sprint Corporation

Obtained state regulatory approvals nationwide for Sprint/Nextel merger. (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 Petition of Monmouth Tel. for Arbitration of an Interconnection Agreement

Section 251/252 interconnection arbitration proceeding. New Jersey BPU Case No. TO 03100788 (2004)

Qwest Corp. v. Universal Telecom, Inc.

Federal district court defense of interconnection and carrier compensation claims. (2004) Read more

Level 3 Communications v. City of Prichard

Federal district court action under Section 253 challenging municipal right-of-way franchise requirement and franchise fees. Civil Action No. 03-248-P-C (2003)

Marcus Cable Associates, LLC v. City of Bristol

Federal district court prosecution of broadband and video competition claims. 237 F. Supp. 2d 675 (2002)

Motion Picture Association of America v. FCC

Represented the Motion Picture Association of America, the National Association of Broadcasters, and the National Cable & Telecommunications Association in successful challenge to FCC rules imposing mandates for video description of television programming. (D.C. Cir. 2002)

Global NAPs v. FCC

Appeal of FCC decision limiting intercarrier compensation rights. 247 F.3d 252 (2001)

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)

Federal election/fair competition for cable operators

Obtained Federal Election Commission authority for cable operators to provide free air time to candidates, and was the driver behind new state laws against unfettered local government entry into private communications ventures. (1998)

Administrative litigation and private arbitration against Verizon Communications

Two private arbitrations of claim by competitive local exchange carriers (CLECs) against Verizon, under Section 251/252 interconnection agreements, regarding appropriate charges (if any) for including CLECs’ customers in Verizon's printed telephone directories and directory assistance databases.

Administrative litigation for competitive local exchange carrier

Successfully prosecuted administrative litigation for competitive local exchange carrier, arguing that the telecommunications-service affiliate of a government-owned power company is subject to regulation as a telecommunications carrier by state-level regulatory body.

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.

Appeal of USAC rulings to the FCC

Handled intra-agency appeals of adverse decisions by the Universal Service Administrative Company (USAC) regarding disbursements of universal service funding under the interstate common line support (ICLS) program; handled appeal of USAC rulings to the FCC.

Arbitration for telecommunication providers

Arbitration proceedings before state public utility commissions and private arbitration panels.

Broadband policy

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.

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.

CPUC 'cramming' complaint for major wireless company

Successfully resolved (through mediation) a CPUC 'cramming' complaint brought by a consumer organization against a major wireless company relating to its offering of ring tones and other wireless content.

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

Drafted comments on 'automatic roaming' for wireless carrier clients

Drafted comments on proposed Federal Communications Commission rules requiring 'automatic roaming' arrangements among technically compatible wireless carriers; successfully lobbied FCC to adopt client's position on automatic roaming.

Entertainment transactions

Works with cable companies, webcasters, broadcasters, and other users of music on licensing issues and negotiations. Advises media companies on talent agreements and appearances, and assists facilities on transactions related to event production and corporate sponsorships.

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.

FCC rulemakings for communications companies

Represented communications companies in a number of FCC rulemakings including those relating to intercarrier compensation, numbering, local number portability and telemarketing.

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.

Federal and state regulatory work

Assists cable clients on a variety of federal and state regulatory issues, including cable EEO compliance before the FCC, transfer of control proceedings, and rate regulation.

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 counsel for startup companies

General outside counsel to startup companies in a variety of fields, including health care, education, media and telecom, helping these companies navigate the full range of early-stage issues, including business formation, employment, financing and dispute resolution.

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.

Intercarrier compensation dispute for three wireless providers

Represented three wireless providers in Southern District of California litigation arising out of an intercarrier compensation dispute; obtained dismissal of complaint.

Intercarrier compensation rules

Arguments in U.S. District Courts (Arizona, Washington, Oregon) on appeal from state administrative agency orders establishing intercarrier compensation rules to be applied as between Qwest Communications and various competitive local exchange carriers.

Interconnection agreement for landline and wireless competitive local exchange carrier

Handled negotiation and arbitration of interconnection agreement under the Telecommunications Act of 1996 for landline and wireless competitive local exchange carrier with incumbent local exchange carrier in Puerto Rico.

Interconnection arbitration for two wireless carriers

Represented two wireless carriers in an interconnection arbitration against 11 rural local exchange carriers before the California PUC; prevailed on all issues.

Interconnection strategy development for wireless carrier

Developed a strategy for a wireless carrier to address rural carrier demands for interconnection in more than 20 states.

Intrastate access charges litigation for competitive local exchange carrier

Successful litigation defending competitive local exchange carrier's intrastate access charges against claims from Sprint long distance that such charges were unreasonably high under state law.

Legal and regulatory implications of mobile content offerings for a major search engine

Advised a major search engine on legal and regulatory implications of its mobile content offerings.

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.

Litigation for Bright House Networks

Successfully prosecuted claim (along with two co-plaintiffs) that Verizon Communications had violated FCC rules, and provisions of the Communications Act, limiting Verizon's ability to use, in order to market its own services, information it obtains from competitors as part of the process of transferring customers to those competitors.

Litigation for telecommunication providers

Administrative arbitration proceedings and appeals in federal courts around the country.

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.

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.

Obtained 'eligible telecommunications carrier' status for wireless carrier

Helped obtain favorable legislation, then conducted administrative litigation under that legislation to obtain designation for wireless carrier as an 'eligible telecommunications carrier' in the United States Virgin Islands.

Piracy, electronic surveillance, and wiretap claims

Represents cable operators in litigation involving cable piracy, electronic surveillance, and wiretap claims.

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.

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.

Pole attachments for wireless carriers and distributed antenna service providers

Negotiated agreements on behalf of client with various utilities for attachment of wireless antenna facilities to utility poles. Obtained federally prescribed rates, terms and conditions with significant potential cost savings to carriers.

Private arbitration claim for cable operator-competitive local exchange carrier

Defended private arbitration claim brought by an incumbent local exchange carrier against a cable operator-competitive local exchange carrier regarding charges under the parties' interconnection agreements for use of network interface devices on customer premises.

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.

Resale-related dispute under Section 251/252 Interconnection Agreement for reseller of local telecommunications services

Advised reseller of local telecommunications services in dispute with incumbent local exchange carrier regarding unreasonable delays in processing orders for wholesale services to be resold.

Scott v. Cingular*

Amicus representation of CTIA (the wireless industry association) before the Washington Supreme Court.

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 and federal regulatory for wireless companies, competitive local exchange carriers and long distance carriers

Obtained state and federal regulatory approval for multiple mergers and acquisitions of wireless companies, competitive local exchange carriers and long distance carriers.

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.

Technology transaction for Internet-based conferencing services provider*

Representation of a leading provider of hosted, real-time, Internet-based conferencing and collaboration services in a dispute involving the protection of its proprietary software.

Telecom arbitration for competitive telecommunications carriers

Won multimillion-dollar judgments against large incumbent carriers in arbitrations before state public service commissions and in American Arbitration Association commercial arbitration.

Telecommunication regulation for telecommunication providers

Represented the first nationally known VoIP provider in successful campaign to pre-empt state regulators from imposing state telecom regulation on the provider's VoIP service; Mike Sloan conceived and developed the strategy and drafted the petition that led to the FCC's definitive preemption ruling.

Wireless cellsites for wireless carrier

Developed and executed multifaceted strategy for a wireless carrier to address a municipality's refusal to renew land use permits for existing wireless cellsites.
* Denotes experience completed at a prior firm
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