Successfully represented several major cable operators in a dispute over post-digital transition interpretation of a Communications Act provision requiring “on-channel” carriage of a “must carry” broadcast television station.
Successfully defended a major cable operator against a program carriage complaint filed with the FCC by the Game Show Network (GSN).
Successfully defended a major programming network in a program access complaint filed by Sky Angel that involved the application of existing laws to online video distributors.
Played in an instrumental role in a major cable operator’s industry-leading efforts to seek modification of the rules governing retransmission consent negotiations between cable operators and broadcast television stations.
TCPA/Telemarketing
Regularly counsel a wide range of clients (entities including cable and broadband companies, major regional health systems, public utilities, and one of the nation’s largest online marketers of personal financial services) on compliance with Telephone Consumer Protection Act (TCPA), and similar laws and regulations.
Frequently review the wording of text messages, voice calling scripts and consent agreements to ensure calling and texting programs are compliant with all applicable provisions of the TCPA, Truth in Caller ID Act, the Telemarketing Sales Rule, and related FCC regulations
Advise communications providers, including a nationwide mobile wireless carrier, on the implementation and compliance obligations under the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act to authenticate network traffic and block unlawful calls and text messages.
Assist multiple communications providers in developing their Robocall Mitigation plans and preparing the required certifications in the FCC’s Robocall Mitigation Database.
USF, BEAD, and Other Funding Programs
Drafted dozens of BEAD applications, advised on program requirements, and successfully lobbied NTIA and state regulators for program changes.
Assisted providers with participation in various FCC funding programs, including the Rural Digital Opportunity Fund, Emergency Broadband Benefit Program, Affordable Connectivity Program, Lifeline, and Secure and Trusted Communications Network Program.
Successfully defended clients in dozens of FCC, USAC, and state audits and investigations of USF contributions and distributions, including High Cost, Lifeline, E-rate, and Rural Healthcare funding.
Drafted compliance plans for major participants in the Lifeline program.
Obtained eligible telecommunications carrier (ETC) designations in 30+ states.
FCC Equipment Approval
Successfully negotiated a favorable consent decree with the FCC that allowed a manufacturer of advanced telecommunications equipment who had marketed equipment in the U.S. in a manner inconsistent with the FCC’s rules.
Advised robotics manufacturer on FCC spectrum and operational requirements for indoor millimeter Wave frequency operations.
Advise and advocate for numerous clients on pre-market testing, device approval, and the use and allocation of spectrum related to the Internet of Things (IoT).
Counsel medical device manufacturers on the choice of frequency range and FCC service rules for wireless medical devices and obtain waivers of the FCC’s rules to allow for the marketing of new wireless medical devices in the United States.
Spectrum
Routinely counsel various clients on FCC spectrum rules and advocate for spectrum policies that align with their business needs.
Advise and help clients obtain special temporary authority and other authorizations to operate on spectrum for testing and experimental purposes.
Assisted multiple clients with successfully participating in FCC’s spectrum auctions, including spectrum for next-generation wireless services.
Assisted the Wi-Fi industry in rulemakings that will give it increased access to spectrum to will support advanced Wi-Fi technologies.
Assisted a major manufacturer of GPS equipment defend a threat by an entity that wished to propose a service in adjacent frequency spectrum that would have threatened the reception of GPS signals.
