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)
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
Representing 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 a smaller public computer center and sustainable broadband adoption projects; continuing to advise clients on grant administration and compliance matters. (Ongoing)
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)
Broadband privacy guidance
Developing guidance and practical implementation checklists for information security programs and related obligations under the FCC’s broadband privacy rules. (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
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)
Expert witness for cable MSOs, fiber networks, 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
Representing 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
Counsels 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
Representing wireline and wireless telecom and ISP clients in rulemakings and disputes before the FCC and state public service commissions. Provides advice to clients concerning compliance with FCC and USAC regulatory requirements and statutory mandates, including successfully obtaining waivers of major regulatory requirements. (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)
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)
Guidance on Open Internet issues
Providing guidance on complying with various aspects of the FCC’s 2015 Open Internet Order, including drafting broadband transparency disclosures for several internet service providers. (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)
Lifeline reform proceeding for Third Party Verification, Inc. (3PV)
Representing a national verification database company in FCC Lifeline Reform proceedings. (Ongoing)
MDU access rights for broadband clients
Representing 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
Representing national DAS provider in obtaining various state regulatory authority certificates. (Ongoing)
National wireless carrier
Representing a national wireless carrier before various local governments on matters relating to local regulation of wireless facility siting. (Ongoing)
National wireless carrier
Representing 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)
Navigation Devices for NCTA - The Internet & Television Association, CableLabs and others
Assisted NCTA, CableLabs, cable MSOs, and others in the Federal Communications Commission’s many proceedings on the technical and business interfaces between multichannel networks, home domains, and consumer navigation, recording, and display devices. Led development of the regulatory strategy, technical approach, and pleadings for the FCC’s 2016 Rulemaking on Navigation Devices. Served as an appointed member of the FCC’s 2015 Downloadable Security Technology Advisory Committee (DSTAC). Assisted in obtaining Congressional repeal of the FCC’s integration ban in the STELA Reauthorization (STELAR) Act. (2013-2014) Handled rulemaking comments and ex partes leading to FCC revision of its CableCARD and set-top box output rules. (2010) Handled comments and ex partes in the FCC’s Notice of Inquiry proposing “AllVid.” (2010-2011) 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. (2002-2009)
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 two major cable television MSOs in developing and deploying an innovative system of next-generation downloadable security and obtaining the FCC waivers necessary for its deployment. (2008-2015) Structured the architecture, governance, licensing, and other contracts required for the PolyCipher security architecture. (2004-2009)
Advising broadband providers on matters relating to Open Internet compliance, including implementation of data caps, usage limitations, and transparency disclosures. (Ongoing)
Pole attachment matters for Fibertech Networks
Representing Fibertech Networks before the FCC and New Jersey Board of Public Utilities on pole attachment matters. (Ongoing)
Pole attachment rate rulemaking proceedings
On behalf of major cable television operators and state cable associations filed comments and reconsideration petitions before the FCC; prevailed at FCC and on appeals to the D.C. Circuit. (8th Cir. 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
Negotiating 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)
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
Advising 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
Developed “privacy by design” architectures and practices to meet federal, state, and business privacy requirements for advanced advertising, video, broadband and application platforms. Representation in privacy inquiries at FTC, Department of Commerce, FCC, and in developing federal privacy and data security legislation. (Ongoing) Represented a co-venture of major cable television operators in building a national platform for advanced advertising. (2005-2008)
Procurement for cable operators and equipment manufacturers
Advise clients on state and federal procurement requirements. (Ongoing)
Programming issues for cable clients
Counsels clients on programming issues, including commercial negotiations and regulatory issues. Particular focus on cable carriage of analog and digital broadcast signals. Has adjudicated dozens of signal carriage cases at the FCC. (Ongoing)
Advises technology and other companies on communications regulatory issues. (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
Advises 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
Assisting national DAS provider with federal and state regulatory compliance issues. (Ongoing)
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
Representing telecom and cable operator clients in high cost, rural health care and low income universal service proceedings and disputes. (Ongoing)
Various cable companies and telecommunications service providers
Assisting clients in filing certifications to FCC concerning FCC record keeping requirements governing telecommunications and advanced communications service accessibility. (Ongoing)
BMG v. Cox
Submitted amicus brief in support of Cox’s appeal of a $25 million contributory copyright infringement verdict based on alleged infringements by Cox’s internet service subscribers. The decisions and verdict eliminate protections in the DMCA’s safe harbor provisions vital to providing internet service, rendering them ineffective for all ISPs. (4th Cir. 2016)
Comcast of Indianapolis, L.P. v. Duke Energy Indiana, Inc.
Represented Comcast before the FCC and the U.S. District Court for the Southern District of Indiana in a case related to Duke’s refusal to process pole attachment applications in connection with federal court litigation concerning make-ready work. (2016)
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)
IPC Spectrum acquisition of 700 MHz
Advised utility on acquisition of 700 MHz licenses for wireless telemetry and smart-grid operations. (2016)
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)
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)
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)
State regulatory approvals
Obtained state regulatory approval for multiple mergers and acquisitions of wireless companies and competitive local exchange carriers. (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)
Connect America Fund (CAF)
Successfully defeated numerous overbuild subsidies directed to incumbent telco providers through CAF Phase I and Phase II challenge process. (2015)
Cox Communications Hampton Roads, LLC v. Dominion Virginia Power
Represented Cox before the FCC in case related to costs associated with Cox’s forced relocation of its facilities due to Dominion’s modification of existing poles. (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)
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)
Counseled wireless service providers on regulatory compliance, including build-out obligations, USF contributions, and related operational matters. (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)
CL&P pole attachment rate case
Represented New England Cable Television Association in a case before the Connecticut Public Utility Regulatory Authority concerning CL&P’s pole attachment rental rates which resulted in CL&P transitioning from its antiquated legacy formula to the more favorable FCC formula. (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)
GLAD v. Time Warner
Represented 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. (9th Cir. 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)
Healthcare Connect Fund
Drafted, negotiated, and implemented operational contracts for recipient of funding under Healthcare Connect Fund program. (2014)
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)
State attorney general investigations
Counseled cable broadband provider on state attorney general inquiry into broadband and network management practices. (2014)
Audits, investigations, and inquiries
Secured favorable resolution for cable VoIP operator during informal audit of USF contribution and reporting methodologies. (2013)
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)
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)
Spectrum interference enforcement proceedings
Represented wireless service providers and cable operators in Enforcement Bureau proceedings and informal disputes involving spectrum interference issues. (2013)
Fibertech Networks v. Verizon New England and the Narragansett Electric Company d/b/a National Grid
Represented Fibertech Networks in matter related to pole owners’ failure to provide timely access to poles and particularly addressing pole attachment make-ready timeframes and temporary construction techniques. (2012)
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. 1st 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) affirmed in D.C. Circuit. Read more
Implementation of Section 224 of the Act; Amendment of the Commission's Rules and Policies Governing Pole Attachments for NextG Networks, Inc.
Represented distributed antenna system (DAS) provider submitting comments in rulemaking regarding FCC policies and rules governing utility pole attachment rates, and terms and conditions, leading to landmark 2011 order by FCC establishing pole attachment rules. WC Docket No. 07-245 (2011)
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
Representing 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
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)
Acquisition of cable broadband and VoIP provider for Suddenlink Communications
Secured FCC and state license transfers, and assisted 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
Represented 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
Negotiated interconnection and intercarrier compensation issues with AT&T on behalf of competitive provider XO Communications Services, Inc. (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)
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)
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
Armstrong Utilities, Inc. v. United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania
Represented Armstrong in matter relating to denial of access to poles. (2008)
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
Fibertech Networks v. Verizon Maryland Inc. and Potomac Electric Power Company
Represented Fibertech Networks in matter related to pole owners' failure to provide timely access to pole (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)
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 as moot 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 9th 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, preempting 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 approvals 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)
New York proceeding governing pole attachments
Participated in cross industry workshops leading to 2004 Order governing pole attachment terms and conditions for the state of New York. (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)
Acquisition of telecommunications provider
Provided research, advice, and drafted filings for an international client connected to its acquisition of a domestic provider of telecommunications services.
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.
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. (2009)
Cable services to PCs for cable MSOs, NCTA, CableLabs
Negotiation of the cable industry agreement with Microsoft to deliver cable services securely to PCs. (2005-2007)
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. Work includes 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.
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. (2011-2012)
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.
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 special access, 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.
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.
FTC v. T-Mobile
Represented T-Mobile in the first ever litigation brought by the Federal Trade Commission against a telecommunications carrier under Section 5 of the FTC Act. The FTC alleged that the carrier engaged in deceptive and unfair practices by charging customers for unauthorized premium text message (SMS) services provided by third parties. As PC Magazine reported, this was “the second-largest mobile cramming settlement ever handed down.” Angela Moscaritolo, ‘T-Mobile Settles Phone-Cramming Case for $90 Million,’ PCMag, Dec. 19, 2014. It is also one of a handful of settlements ever negotiated that involved the FTC, the FCC, and the Attorneys General from all 50 States and the District of Columbia.
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
Counsels cable clients on general regulatory compliance and evolving business operations. Particular focus on rates, consumer relations and competition. Has 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.
Litigation involving 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.
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.
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 FCC rulemaking concerning 'network neutrality' rules for internet service providers, including nondiscrimination obligations, limits on network management techniques, and disclosure requirements. Represented 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. Assisted MSOs with compliance, including 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.
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 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 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 make-ready. 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.
Rise Broadband acquisition of EBS spectrum
Advised wireless ISP Rise Broadband on the purchase of EBS spectrum rights in the Xanadoo LLC bankruptcy.
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.
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 cell sites for wireless carrier
Developed and executed multifaceted strategy (lobbying, litigation, ordinance rewrite) 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