FCC Regulation

• Successfully represented the American Cable Association (ACA) in an FCC rulemaking that resulted in the adoption of a modification of the standard for determining when a cable system is subject to “effective competition” and thus not subject to local rate regulation. The outcome of the proceeding resulted in the adoption of a standard that presumptively deregulates all cable operators.
• Serve as FCC regulatory counsel on cable-related matters to Mediacom Communications Corporation, one of the ten largest cable operators in the country. In this role, we have obtained waivers for Mediacom of various FCC rules and have played in an instrumental role in Mediacom’s industry-leading efforts to seek modification of the rules governing “retransmission consent” negotiations between cable operators and broadcast television stations.
• Successfully represented a major cable operator in a dispute over post-digital transition interpretation of a Communications Act provision requiring “on-channel” carriage of a “must carry” broadcast television station. The interpretation favored by the cable operator was adopted by the FCC and upheld on appeal by the DC Circuit.
• Successfully represented a major consumer products company in connection with an Federal Communications Commission Enforcement Bureau inquiry regarding an advertisement that allegedly violated the Emergency Alert System (EAS) rules.

Cable Copyright

• Represented several of the cable operators chosen for “audits” of their compulsory license “Statements of Account.” We assisted them with the preparation of responses to information demands from the auditors, and reviewed and prepared comments on and rebuttals to the draft and final audit reports. Subsequent to the completion of the audits, we have continued to provide advice and counsel regarding post-audit obligations.
• Representing NCTA in a rulemaking commenced by the Copyright Office in December 2017 to amend various portions of the Office’s rules implementing the compulsory license.
• Represented American Cable Association (ACA) in a Copyright Office inquiry into the need for regulatory or statutory action to improve the Digital Millennium Copyright Act “safe harbor” provisions in order to prevent copyright owners abuses.

Cable & Telecom Transactions

• Represented TPG in 2017 and 2018 as lead regulatory counsel in multiple transactions that created the sixth largest cable operator in the country. As lead regulatory counsel, we ensured that TPG’s acquisition of RCN Telecom Services, LLC and Grande Communications Networks, LLC (in 2017) and of Wave Broadband (in 2018) complied with all FCC rules, advised on regulatory restrictions on transaction financing, and secured the timely and unconditioned approval of the transactions from the FCC and from state and/or local regulators in more than 10 states and dozens of individual local municipalities.