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Broadband and Cable Industry Law 2014


Speaker(s): Alison Greenwald Neplokh, Andrew S. Phillips, Barbara S. Esbin, Brian A. Rankin, Cameron F. Kerry, Christopher S. Yoo, Clifford S. Harris, Cynthia J. Larose-CIPP/US, Daniel J. Weitzner, Diane Burstein, Grace Koh, Hank Hultquist, Howard J. Symons, James M. Assey, John P. Spalding, Jose M. Jimenez, Jud Cary, Justin Brookman, Karen M. Reabuck, Karen Peltz Strauss, Markham C. Erickson, Michael Weinberg, Michael D. Hurwitz, Michael Nilsson, Michele C. Farquhar, Michelle M. Carey, Paul Glist, Peter B. Davidson, Rachel C. Welch, Rick Chessen, Samuel L. Feder, Shawn H. Chang, Tara M. Corvo
Recorded on: Jan. 27, 2014
PLI Program #: 48172

Peter Davidson is Senior Vice President - Federal Government Relations for Verizon, a position he has held since April 2003. Davidson is responsible for federal government policy and advocacy matters affecting Verizon's interests and for the company's relations with Congress and the Executive Branch.
 
Before joining Verizon, Davidson served as General Counsel at the United States Trade Representative supporting negotiation and implementation of trade agreements and supervising litigation at the World Trade Organization.

Prior to becoming General Counsel to the USTR in February 2001, Davidson was Vice President for Congressional Affairs at USWest, and then Quest, coordinating all federal legislative activities for that company.

From January 1995 until June 1999, Davidson served as the General Counsel and Policy Director to the Majority Leader of the U.S. House of Representatives, Dick Armey. In this capacity, he advised the Majority Leader on a broad range of legal matters and led the legislative planning team in charge of developing leadership priorities, working with committees, and negotiating with the Senate and the White House.

Davidson also served as General Counsel and Policy Director for the House Republican Conference and as Attorney-Advisor in the Department of Justice's Office of Legal Counsel. Before that, he was law clerk to Judge John Porfilio on the Tenth Circuit Court of Appeals in Denver, CO.

He is a 1984 graduate of Carleton College in Northfield, Minn., and received his J.D. degree in 1990 from the University of Virginia, where he served on the Virginia Law Review as Notes Editor.

Davidson is a native of Minnesota and now resides in Virginia with his wife, Kari. They have three children, Madeleine, Sophie and Bjorn.


Samuel L. Feder is Chair of the Firm’s Communications Practice. He represents cable, telecom, media and technology companies in a wide variety of matters including litigation, proceedings before regulatory agencies and transactions. Mr. Feder’s practice is enhanced by the knowledge and experience gained from serving as General Counsel to the Federal Communications Commission (FCC) and, before that, as a senior legal and policy advisor to two FCC Commissioners.

For the past two years, Chambers USA and Legal 500 have named Mr. Feder among the top lawyers in his field. He is a member of the Media and First Amendment Practice and serves as Chair of the Firm’s Hiring Committee for the Washington, DC, office and Co-Chair of the Hiring Executive Committee. An active member of the Federal Communications Bar Association, he has cochaired the group’s Judicial Practice Committee since 2005.

Mr. Feder has represented clients on numerous significant matters before the FCC, including net neutrality, broadband classification, universal service, and intercarrier compensation. He has also litigated a wide range of cases, including disputes over the compensation carriers pay to each other for carrying voice traffic, exclusive arrangements between cable providers and programmers, the regulatory classification of VoIP service and retention marketing. Additionally, Mr. Feder has worked on a number of significant transactions, including Comcast-NBCU and CenturyTel-Embarq, and, while at the FCC, SBCAT& T, Verizon-MCI and AT&T-BellSouth. As General Counsel of the FCC, Mr. Feder advised the Chairman and the other Commissioners on all significant issues facing the agency. He represented the FCC in litigation before the federal courts of appeals and coordinated agency review of all transactions requiring FCC approval.

Awards

Best Lawyers in America -2014
Communications Law

Washington DC Super Lawyers
Communications - 2013

Chambers USA

Telecom, Broadcast & Satellite: Regulatory (District of Columbia) - 2010,2011, 2012

Legal 500
Media, Technology, and Telecoms: Telecoms and Broadcast: Regulatory - 2010, 2011


Community

Federal Communications Bar Association; Co-chair, Judicial Practice Committee, 2005-present

Publications

  • "FCC Open Internet Order: Is Net Neutrality Itself Problematic for Free Speech?" Communications Lawyer, June 2011
  • Co-author, "Cell Phone Litigation Advisory: Calling for Coverage," Mealey's Litigation Report: Insurance, Vol. 24, No. 11, January 20, 2010
  • Insurance Counselor, Winter 2010
  • Client Advisory: Calling for Coverage, November 20, 2009

Speaking Engagements

  • “Broadband and Cable Industry Seminar 2013,” Practising Law Institute, January 28, 2013
  • “The Business of Financing Business,” The Milken Institute Global Conference - Shaping the Future, Los Angeles, CA, May 01, 2011
  • “Comcast v. FCC: The FCC’s Jurisdiction Over Broadband and the Implications for Net Neutrality,” Practising Law Institute Teleconference, April 30, 2010
  • “Historical Perspective and Current Issues,” Federal Communications Bar Association CLE Seminar, Washington, DC, March 04, 2010
  • "The Judicial Year in Review," Federal Communications Bar Association CLE Seminar, Washington, DC, June 10, 2009
  • Moderator, "Future of Telecommunications," Practising Law Institute 26th Annual Institute on Telecommunications Policy & Regulation, Washington, DC, December 05, 2008


Clifford S. Harris is senior vice president – law, programming at Cablevision Systems Corporation. In this role, Mr. Harris advises Cablevision’s Programming Department on creating and negotiating programming agreements. Additionally, he provides counsel on all programming-related legal, regulatory and copyright matters, particularly those pertaining to new and emerging products and services. Mr. Harris also helps oversee programming litigation matters and advises on property and sales tax issues.

Mr. Harris joined Cablevision in 2005 as senior counsel responsible for negotiating content agreements, including cable affiliation and retransmission consent agreements. In 2009, he was promoted to vice president - law, programming, expanding his role to include regulatory issues and copyright strategy. Over the course of Mr. Harris’ tenure at Cablevision, he has managed many of the company’s critical legal actions, including anti-trust and copyright cases as well as cable regulatory litigation. Notably, Mr. Harris played a central role in guiding the company’s legal strategy surrounding its Optimum App, TV to GO and Optimum Multi-room DVR. 

Prior to joining Cablevision, Mr. Harris served as general counsel for financial start-up WOTN, providing guidance on all aspects of business strategy and planning, including corporate structure and raising capital. In that job, he negotiated and drafted joint venture agreements, software licensing agreements, technology licensing agreements and employment agreements. Before WOTN, Mr. Harris served as an associate at both Arnold & Porter and Sullivan & Cromwell law firms, facilitating public and private securities offerings, including sovereign debt offerings by the governments of Brazil and Israel. In these roles, he also assisted on corporate transactions, including joint ventures for Philip Morris and NBC.

Mr. Harris completed his B.A. in history at Vassar in 1989. He graduated Magna Cum Laude from the University of Michigan’s law school in 1992, as a member of the Order of the Coif. He currently lives in Brooklyn with his wife and two children.


Christopher Yoo has emerged as one of the nation's leading authorities on law and technology. His research focuses on how the principles of network engineering and the economics of imperfect competition can provide insights into the regulation of electronic communications. He has been a leading voice in the "network neutrality" debate that has dominated Internet policy over the past several years. He is also pursuing research on copyright theory as well as the history of presidential power. He is the author of The Dynamic Internet: How Technology, Users, and Businesses Are Transforming the Network (AEI Press, 2012), Networks in Telecommunications: Economics and Law (Cambridge Univ. Press, 2009) (with Daniel F. Spulber) and The Unitary Executive: Presidential Power from Washington to Bush (Yale Univ. Press, 2008) (with Steven G. Calabresi). Yoo testifies frequently before Congress, the Federal Communications Commission, and the Federal Trade Commission.

Education

  • J.D. - Northwestern - '95
  • M.B.A. - U.C.L.A. - '91
  • A.B. - Harvard - '86


Cynthia J. Larose is Chair of Mintz Levin’s Privacy & Security Practice and a Certified Information Privacy Professional (CIPP). 

Cynthia represents companies in communications, information, and technology, including e-commerce and other electronic transactions. She counsels clients through all stages of the “corporate lifecycle,” from start-ups through mid- and later-stage financings to IPO, and has broad experience in technology and business law, including online contracting issues, licensing, domain name issues, software development, and complex outsourcing transactions.

Cynthia has extensive experience in privacy, data security, and information management matters, including state, federal, and international laws and regulations on the use and transfer of information, behavioral advertising, data security breach compliance and incident response, data breach incident response planning, as well as data transfers in the context of mergers and acquisitions and technology transactions. She conducts privacy audits and risk assessments to determine data and transaction flow and to assess privacy practices, and assists with drafting and implementation of privacy policies and information security policies and procedures and monitoring of privacy “best practices” across all levels of the enterprise.

She has been repeatedly recognized by Chambers USA and Chambers Global for her Privacy and Data Security practice.

She received J.D. and M.S. from Boston University.


Jud Cary, Vice President, and Deputy General Counsel

Prior to becoming a lawyer, Mr. Cary worked as an engineer in the R&D labs of U S WEST (now Qwest) in the knowledge-based systems group. After law school (Santa Clara University, cum laude), he worked as a patent attorney for the Silicon Valley-based law firm of Fenwick & West. Mr. Cary returned to Colorado and followed the legal chain of title from U S WEST, to MediaOne, to AT&T Broadband, now Comcast. After a short stint at a ".bomb" company, Mr. Cary returned to the cable industry at CableLabs. His main focus at CableLabs is on legal, policy, and business issues related to advanced video platforms, content protection, content distribution technologies, and interactive programming. He also provides general advice on cable industry technology strategy, IPR licensing, standards setting, antitrust, and patents. Mr. Cary is a member of the Board of Directors of the Entertainment ID Registry Assoc.


Brian A. Rankin is Vice President, Chief Regulatory Counsel – Cable and Senior Deputy General Counsel for Comcast Corporation.  Based in Comcast’s Philadelphia headquarters, he is counsel for legal/regulatory matters affecting Comcast’s cable, broadband, voice and other businesses. 

Prior to joining Comcast, Rankin served in senior legal positions for XO Communications, Aerial Communications and MCI Communications.  He is licensed to practice law in Pennsylvania and Illinois.

Rankin received his J.D. from DePaul University, where he received the American Jurisprudence Award for Trial Advocacy, an M.B.A. from the University of Alabama (with Honors) and a B.S. from Illinois State University.  He serves on the Dean’s Advisory Council of the DePaul University College of Law, and on the boards of directors for the Public Citizens for Children and Youth and the International Visitors Council of Philadelphia.

 


Cameron F. Kerry

Cameron Kerry is the Sara E. and Andrew H. Tisch Distinguished Visiting Fellow at the Brookings Institution and a Visiting Scholar at the MIT Media Lab. His work there focuses on technology and innovation, especially the use of data and protection of data privacy. He previously served as General Counsel and Acting Secretary of the United States Department of Commerce, where he was a leader on a wide of range of issues laying a new foundation for U.S. economic growth in a global marketplace.

Department of Commerce agencies touch the daily lives of the American people in many ways, with responsibilities that include international trade, economic development, technology, entrepreneurship and business development, environmental stewardship, and statistical research and analysis. Commerce agencies include the Patent & Trademark Office, National Institute of Standards & Technology, National Telecommunications & Information Administration, National Oceanic & Atmospheric Administration, International Trade Administration, Economic Development Administration, Minority Business Development Agency, and Bureau of Economic Affairs, which includes the Census Bureau.

While Acting Secretary, Cameron Kerry served as chief executive of this Cabinet agency and its 43,000 employees around the world, as well as an adviser to the President. His tenure marked the first time in U.S. history two siblings have served in the President's Cabinet at the same time.

As General Counsel, he was the principal legal adviser to the several Secretaries of Commerce and Commerce agency heads, and oversaw the work of more than 400 lawyers across these agencies. He was a leader in the Obama Administration’s successful effort to pass the America Invents Act, the most significant overhaul of the patent system in more 150 years. As co-chair of the National Science & Technology Council Subcommittee on Privacy and Internet Policy, he spearheaded development of the White House blueprint on consumer privacy, Consumer Data Privacy in a Networked World. He then led the Administration's implementation of the blueprint, drafting privacy legislation and engaging on privacy issues with international partners, including the European Union. He helped establish and lead the Commerce Department's Internet Policy Task Force, which brings together agencies with expertise in the 21st Century digital economy.

He also played a significant role on intellectual property policy and litigation, cybersecurity, international bribery, trade relations and rule of law development in China, the Gulf Oil spill litigation, and many other challenges facing a large, diverse federal agency. He travelled to the People's Republic of China on numerous occasions to co-lead the Transparency Dialogue with China as well as the U.S./ China Legal Exchange and exchanges on anti-corruption.

Before his appointment to the Obama Administration in 2009, Cameron Kerry practiced law at the Mintz Levin firm in Boston and Washington. His practice covered a range of complex commercial litigation and regulation of telecommunications. He tried cases involving significant environmental and scientific evidence issues and taught telecommunications law as an adjunct professor at Suffolk University Law School.

Prior to joining Mintz Levin, he was an associate at Wilmer Cutler & Pickering in Washington, D.C. and a law clerk to Senior Circuit Judge Elbert P. Tuttle of the United States Court of Appeals for the Fifth Circuit. He is a magna cum laude graduate of Boston College Law School (1978), where he was winner of the school's moot court competition and a law review editor. and a cum laude graduate of Harvard College (1972).

Cameron Kerry also has been actively engaged in politics and community service throughout his adult life. In 2004-04, he was a senior adviser and national surrogate in the U.S. Presidential campaign, traveling to 29 States and Israel. He has served on the boards of non-profits involved in civic engagement and sports.


Daniel J. Weitzner
Director, MIT Decentralized Information Group

Daniel Weitzner is the Director of the MIT CSAIL Decentralized Information Group and teaches Internet public policy in MIT’s Computer Science Department. His research includes development of accountable systems architectures to enable the Web to be more responsive to policy requirements.

From 20011-2012, Weitzner was the United States Deputy Chief Technology Officer for Internet Policy in the White House. He led initiatives on privacy, cybersecurity, Internet copyright, and trade policies promoting the free flow of information,. He was responsible for the Obama Administration’s Consumer Privacy Bill of Rights and the OECD Internet Policymaking Principles.

Weitzner has been a leader in the development of Internet public policy from its inception, making fundamental contributions to the successful fight for strong online free expression protection in the United States Supreme Court, and for laws that control government surveillance of email and web browsing data.

Weitzner is a founder of the Center for Democracy and Technology, led the World Wide Wed Consortium’s public policy activities, and was Deputy Policy Director of the Electronic Frontier Foundation. In 2012 he was named to the Newsweek/Daily Beast Digital Power Index as a top ‘Navigator’ of global Internet public policy and in 2013 he received the International Association of Privacy Professional’s Leadership Award.


Diane B. Burstein is a Vice President & Deputy General Counsel of the National Cable & Telecommunications Association. Ms. Burstein has been actively involved in regulatory issues relating to the accessibility of cable industry products and services. She currently serves as NCTA’s representative to the Federal Communications Commission’s Disability Advisory Committee. She also participated on the FCC’s Video Programming Accessibility Advisory Committee on the Twenty-First Century Communications and Video Accessibility Act of 2010.

Prior to joining NCTA, Ms. Burstein was associated with the Washington, D.C. office of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, where she specialized in communications law. Ms. Burstein received her B.A. from Wesleyan University and her J.D. from Georgetown University Law Center.


Grace Koh serves as Counsel to the Subcommittee on Communications & Technology of the Energy & Commerce Committee in the U.S. House of Representatives, specifically focusing on media issues.  Prior to her joining the Committee, she was Policy Counsel at Cox Enterprises, Inc.’s Public Policy Office, where she represented the enterprise’s public policy positions in matters affecting video, voice, data, and broadcast services primarily before the FCC, as well as other agencies.  She came to Cox after her time as an associate in the communications group at Willkie Farr & Gallagher LLP.  Her law career follows after several years of work as a product developer and jack-of-all-trades for Internet companies in New York, including Prudential Securities and Beliefnet.com.

Grace Koh attended University of Pennsylvania Law School (2004) and Yale University (1996).  She is a member of the New York and DC bars as well as the Federal Communications Bar Association in DC.


Howard J. Symons is Vice Chair of the FCC’s Incentive Auction Task Force.  He was named to that position by Chairman Tom Wheeler in January 2014, when he joined Task Force Chair Gary Epstein in the management of the Commission’s implementation of the first-ever incentive auction.

Mr. Symons has been working in telecommunications in both the public and private sectors for more than thirty years. Immediately prior to joining the Commission, he was the Chair of the Communications practice at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Before coming to the firm, he served as Senior Counsel to the Subcommittee on Telecommunications in the U.S. House of Representatives.  From 1978 to 1981, he was a staff attorney with the public interest organization founded by Ralph Nader, Public Citizen’s Congress Watch.

Mr. Symons has also served as an adjunct professor at George Washington University’s National Law Center, where he taught a course in telecommunications law and regulation.

Mr. Symons graduated from Yale University summa cum laude and earned his Juris Doctor from Harvard Law School.


James Assey currently holds the position of Executive Vice President of the National Cable and Telecommunications Association.  Prior to his position at NCTA, Mr. Assey was a long time staff member on the U.S Senate Committee on Commerce, Science and Transportation chaired by U.S Senator Daniel K. Inouye (D-HI).  Most recently, he was Senior Democratic Counsel to the committee, and earlier was Senior Democratic Counsel on Communications and Media Issues.  Mr. Assey also served as Telecommunications Counsel for U.S Senator Ernest F. Hollings (D-SC).    Mr. Assey has also held positions as Communications Associate in the Washington, D.C office of Willkie, Farr and Gallagher, Law Clerk for the Honorable Cameron M. Currie in the U.S District Court for the District of South Carolina, and Legislative Assistant to Senator Hollings.

Mr. Assey is a graduate of Stanford University and earned his JD from Georgetown University Law School.  Mr. Assey is also a current adjunct faculty member at Georgetown University Law School.

In April of 2009, Mr. Assey was chosen to be on the Federal Communications Commission’s Advisory Committee on Diversity for Communications in the Digital Age chaired by Acting FCC Chairman Michael Copps.


Justin Brookman is the Director for CDT's Project on Consumer Privacy. Mr. Brookman coordinates CDT’s advocacy on corporate collection, use, and retention of personal information, including efforts to enact comprehensive privacy legislation in the United States and to strengthen privacy law in Europe. Mr. Brookman has testified before House and Senate Committees on location privacy and data security, as well as the general need for stronger consumer privacy protections. He also leads CDT’s work on behavioral advertising and the development of a “Do Not Track” setting for web browsers, and serves as editor of the compliance specification in the World Wide Web Consortium (W3C) standardization process. Under Mr. Brookman’s direction, CDT has filed formal complaints with the Federal Trade Commission against companies that violate users’ privacy and free expression rights. He also runs the Internet Privacy Working Group, a diverse set of privacy stakeholders including industry participants and other advocates, to formulate best practices guidance and inform CDT’s own views on emerging privacy issues.

Prior to joining CDT in January 2010, Mr. Brookman was Chief of the Internet Bureau of the New York Attorney General's office. Under his leadership, the Internet Bureau was one of the most active and aggressive law enforcement groups working on internet issues, and Mr. Brookman brought several groundbreaking cases to protect the rights of online consumers. He brought the first regulatory actions against spyware and adware companies, as well as against the advertisers who funded those companies. He also brought several privacy cases against companies who misused or misappropriated consumers' personal information, including the first enforcement of Gramm-Leach-Bliley's restrictions on the use of consumer financial data. In 2009, Mr. Brookman brought the first case against a company for "astroturfing" --- or seeding internet message boards and blogs with fake positive reviews. He also brought important actions to preserve free speech online and to preserve network neutrality.

Mr. Brookman previously worked as a litigation associate for six years at Fried, Frank, Harris, Shriver & Jacobson LLP in both its New York and Washington offices. He received his J.D. from the New York University School of Law in 1998 and his B.A. in Government and Foreign Affairs from the University of Virginia in 1995


Karen M. Reabuck is Vice President, Legal Affairs for Music Choice, a multi-platform video and music network that delivers its music programming to millions of consumers nationwide through their televisions, online and mobile devices. Her primary responsibility at Music Choice is the negotiation and ongoing administration of programming contracts with Music Choice’s MVPD customers such as Comcast, Time Warner, Cox Communications, etc.  She has been with Music Choice for 7 years.

Prior to joining Music Choice, Ms. Reabuck was Senior Counsel for Motorola, Inc.’s cable set-top box division located in Horsham, Pennsylvania (now Arris).  While at Motorola, she served as lead counsel for the infrastructure build and equipment supply agreement with Verizon enabling the initial nationwide launch of Verizon FiOS TV.   Ms. Reabuck began her legal career as a corporate associate specializing in mergers and acquisitions at Philadelphia’s Mesirov Gelman Jaffe Cramer & Jamieson, now Schnader Harrison.

Ms. Reabuck is a graduate of Bucknell University where she received her B.A. in Economics.  She received both her J.D. and M.B.A. from Villanova University, and she is licensed to practice law in Pennsylvania and New Jersey. 


Karen Peltz Strauss is the Deputy Bureau Chief of the Consumer and Governmental Affairs Bureau at the Federal Communications Commission, where she helps to oversee the FCC’s implementation of federal laws requiring access to communication and video programming technologies by people with disabilities, including the Twenty-First Century Communications and Video Accessibility Act (CVAA).  Over the past five years, Strauss helped lead efforts at the Commission to achieve the timely completion of rules implementing the CVAA, including rules on advanced communications services, closed captioning, video description and video programming device interfaces.  Prior to joining the FCC, Strauss spent over 30 years as one of the nation’s premier attorneys on disability-related matters, during which she drafted several laws on access to telecommunications, television, and more recently the Internet.    

From 2001-2010, Strauss also consulted for non-profit, governmental and private organizations on communications-related matters.  Earlier in her career, Strauss was legal counsel for Gallaudet University’s National Center for Law and Deafness and the National Association of the Deaf.  In 2006, Strauss published A New Civil Right: Telecommunications Equality for Deaf and Hard of Hearing Americans, a book covering the forty year struggle of Americans who are deaf and hard of hearing to obtain basic access to telecommunications.  In 2011, Strauss received an honorary doctorate degree from Gallaudet University for her work on communications accessibility.  Strauss also holds a J.D. from the University of Pennsylvania Law School and an L.L.M. from the Georgetown University Law Center.


Markham Cho Erickson, a partner in Steptoe’s Washington office, has been involved in the practice of telecommunications and new media law for more than two decades.  His clients include leading television programmers, Internet companies, online video distributors, non-profit organizations, start-up technology companies, and Indian tribes.

Mr. Erickson frequently advocates on behalf of his clients before the Federal Communications Commission, the Department of Justice, the Federal Trade Commission, and the US Congress.  He regularly represents clients in the prosecution and defense of regulatory complaints, rulemakings, and reviews of mergers.  He has challenged and defended agency actions before federal appellate courts. 

Mr. Erickson also serves as general counsel to The Internet Association, a trade association that represents 24 of the world’s leading Internet companies, including Google, Amazon.com, Facebook, eBay, Expedia, and Salesforce.  In this capacity, he counsels the organization on the leading legal and policy issues relating to the Internet sector and represents the organization in regulatory proceedings and before federal courts.


Michael D. Nilsson is a partner with the law firm of Harris, Wiltshire & Grannis LLP.  He advises and represents media and communications companies before the Federal Communications Commission, the U.S. Congress, the U.S. Copyright Office, foreign regulators, and international regulatory bodies. He also represents these clients in commercial negotiations.

Video Programming.  Mr. Nilsson has particular expertise on legal issues associated with video programming.

  • He has represented the largest U.S. satellite television provider in connection with three renewals of copyright and communications legislation governing satellite television.  In doing so, he negotiated successfully with the broadcast television industry and the largest copyright owners.  He has twice provided expert testimony on behalf of this satellite provider before the U.S. Copyright Office.
  • He routinely represents pay-TV providers in negotiations for the rights to transmit video programming. He often advises these clients on the legal implications of proposed new distribution models.
  • He has represented clients before the FCC in many of the largest media mergers in recent years, as well as in the full range of rulemakings affecting the media sector.
  • He has represented foreign cable operators in multi-jurisdictional mergers and copyright disputes, and has represented pay-TV providers in anti-piracy matters before the Office of the U.S. Trade Representative, the State Department, and the Department of Commerce.

Communications Licensing and Regulation.  Mr. Nilsson advises satellite, cable, wireline, and wireless communications companies with respect to the licensing, deployment, and regulation of their services. He represents these companies the full range of FCC rulemakings and ongoing compliance efforts.

From 2001 to 2002, Mr. Nilsson served as Legislative Assistant and Counsel, and principal telecommunications and technology adviser, to Senator John D. Rockefeller IV of West Virginia.  He advised the Senator on issues such as broadband deployment, universal service, spectrum auctions, satellite mergers, Internet privacy, digital copyright, and homeland security.

Mr. Nilsson has co-chaired the Federal Communications Bar Association’s Intellectual Property, Legislation, and Video Programming and Distribution Committees.

Mr. Nilsson has engaged in a number of pro bono representations, and serves as outside counsel to the French Bulldog Rescue Network.  He served two terms on the Board of Directors of the Sitar Arts Center, a nonprofit arts education center, where he also teaches saxophone.


Michael Weinberg is a Vice President at Public Knowledge, a digital advocacy group in Washington, DC. He is the author of “It Will Be Awesome If They Don’t Screw It Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology” and "What's the Deal with Copyright and 3D Printing?," whitepapers that examine the intersection of 3D printing and intellectual property law. Although he is involved in a wide range of issues at Public Knowledge, he focuses primarily on copyright, issues before the FCC, and emerging technologies such as 3D printing and open source hardware.


Michele Farquhar is the Practice Area Leader of the firm's communications group and Co-Leader of the firm's Technology, Media, and Telecommunications industry sector team. She focuses her practice on commercial and private wireless and mass media regulation, strategic planning on complex spectrum allocation and auction-related transactional issues, regulation and licensing of new domestic and foreign technologies, and global telecommunications convergence and competition issues. She has extensive experience in practice before the Federal Communications Commission (FCC) and federal courts as well as U.S. Congress, the White House, the U.S. Department of Justice, the U.S. Department of Commerce, and international regulatory bodies.

Before joining Hogan Lovells as a partner, Michele served as Chief of the Wireless Telecommunications Bureau at the FCC, where she had primary responsibility for the Bureau's implementation of the Telecommunications Act of 1996 and numerous rulemaking proceedings, spectrum auctions, licensing and ownership issues, and enforcement matters. Under her leadership, the Bureau undertook rulemaking proceedings addressing interconnection, resale and roaming, enhanced wireless 911, refarming, and microwave relocation; she also developed auction rules and enhanced flexibility for many different wireless services, including local multipoint distribution service (LMDS), paging, specialized mobile radio service, wireless communications service, and new services at the microwave and millimeter wave frequencies.

Michele previously served as the Acting Deputy Assistant Secretary and Chief of Staff for the National Telecommunications and Information Administration at the U.S. Department of Commerce, where she had a leading role in developing the administration's positions on telecommunications reform as well as on spectrum, international, electronic commerce, universal service, and federal telecommunications grant issues. As Vice President for Law and Regulatory Policy at the Cellular Telecommunications Industry Association, she represented cellular carriers on regulatory issues before the FCC, including the initial personal communications service licensing, ownership, and service rules. Michele was Senior Advisor and Mass Media Legal Advisor in the office of FCC Commissioner Ervin S. Duggan. She previously served as Special Assistant for mass media issues in the commission's Office of General Counsel, and before that was an attorney in the Policy and Rules Division of the FCC’s Mass Media Bureau. 

During her years of service in government and industry, Michele spoke and wrote extensively on wireless and other communications law issues. She continues to speak at major telecommunications industry events and contributes regularly to industry publications.

Michele started in private law practice as a corporate lawyer with a major Washington, D.C.-based firm, and served as a judicial clerk for U.S. District Court Judge John M. Shaw of the Western District of Louisiana immediately following law school. Before attending law school she worked in the White House Press Office and as part of the USA Today launch team at Gannett Co.

Practices

Technology, Media and Telecoms

Industry Sectors

Media and Entertainment

Technology

Technology, Media and Telecoms

Telecommunications

Areas of Focus

Unmanned Aircraft Systems

Education

J.D., University of Virginia School of Law, 1984

B.A., magna cum laude, Duke University, 1979

Blogs

International Spectrum Review
Global Media and Communications Watch

Awards/Rankings

InterContinental Finance Magazine, ICFM 100 Leading Female Lawyers of 2014

Chambers USA, Telecom, Broadcasting, and Satellite, 2006-2014

Who's Who Legal 100, Regulatory Communications, 2013

The Best Lawyers in America, Administrative Law, 2008-2010, 2014

Washingtonian, Washington's Top Lawyers: Telecoms, 2009, 2011

International Who's Who of Regulatory Communications Lawyers, 2008

Super Lawyers, Corporate Counsel Edition, Top Attorneys in Intellectual Property, Franchise and Dealership, Information Technology, Communications, and Civil Litigation Defense, 2008

Washington, D.C. Super Lawyers, Communications, 2008-2014; Administrative Law, 2013-2014

Legal 500 US, Telecoms: Regulatory Counseling and Compliance Advice and Media and Entertainment: Broadcasting and Digital, 2007; Media, Technology and Telecoms - Telecom and Broadcast: Regulatory, 2011 and 2014; Media, Technology and Telecoms - Telecom and Broadcast: Transactional, 2011 and 2014 

PLC Which Lawyer? Yearbook, Communications and IT Section, 2006-2008

Federal Communications Bar Association Distinguished Service Award, 1991 and 2000

Duke University Alumni Service Award, 1992

Memberships

Member, D.C. Bar Steering Committee on Administrative Law and Agency Practice, 2014-present

Board Member, Visitors of St. John's College

President, Federal Communications Bar Association, 2005-2006

Former President, Land Mobile Communications Council

Member, Board of Trustees of Duke University, 1997-1999

President, Duke University Alumni Association, 1997-1998

Bar Admission

California

District of Columbia


Mr. Jimenez is the Executive Director of External Regulatory Affairs for Cox Communications, Inc.; he assumed this role in 2013. In this capacity, he oversees Cox’s interaction with government agencies and industry and standards bodies whose activities can affect regulatory and public policy related to video, broadband, voice, and WiFi services. Mr. Jimenez represents Cox on the North American Numbering Council and the Alliance for Telecommunications Industry Solutions’  Technology and Operations Council. He manages Cox’s involvement in other advisory committees of the Federal Communications Commission, and policy-related activities of ATIS, CableLabs, and the Society of Cable Telecommunications Engineers. In addition, he occupies the NCTA seat on the Board of Directors of the Universal Service Administrative Company.

Mr. Jimenez engages technology, product, legal, and operational teams at Cox as well as the National Cable and Telecommunications Association (NCTA) to identify technological or policy developments and trends. He then determines their possible impact on Cox and public policy; and assesses and orchestrates Cox’s approach to advance the company’s strategic policy and regulatory goals.

Mr. Jimenez is an expert on various aspects of public policy, including universal telephone service, voice and broadband interconnection, video programming, telephone numbering and portability, pole attachments, wireless spectrum, and cyber-security. He reviews and provides substantive input on Cox and cable-industry filings before regulatory bodies. Mr. Jimenez has also spoken before the Federal Communications Commission, the National Association of Regulatory Utility Commissioners, and the Practising Law Institute.

Community service and engagement are very important to Mr. Jimenez. He is currently the President of the Board of Directors of Positive Impact-Atlanta, a large community-based organization whose mission is to eliminate the risk of HIV transmission and to empower those affected by HIV through culturally competent and inclusive prevention, education, mental health and substance abuse treatment services. He is an active member of the National Association of Multi-ethnicities in Cable (NAMIC), and he oversees CNEXT, a group of leaders of color within Cox.

Mr. Jimenez joined Cox in 1999 after stints at the California Public Utilities Commission and Pacific Bell. Mr. Jimenez obtained a Bachelor of Science in Electrical Engineering from the University of Southern California. He is also a graduate of the NAMIC’s Executive Leadership Development Program (NAMIC ELDP) taught in conjunction with the University of California-Los Angeles’ Anderson School of Management.


Paul Glist is a partner at Davis Wright Tremaine, where he concentrates in cable, communications, media, privacy and security, and information technology. Since 1978 he has worked with major cable companies and cable associations on legal, regulatory and strategic issues that have emerged as the industry has developed. Paul has been involved in many groundbreaking efforts in telecommunications and cable law and has helped develop the legislation, regulation and case law shaping these industries. 

He is currently working with the cable industry in the development of the technical and business interfaces between multichannel networks, home domains, and consumer navigation, recording and display devices; on energy efficiency measures; and on the architecture and privacy policies for advanced advertising.

Since 1984, he has served as a faculty member for the Practising Law Institute’s annual course on cable television and communications law.  He is also a frequent speaker, lecturer, and panelist for other university, law school and communications industry programs.  

He is a graduate of Cornell University (A.B. 1975, with honors) and Stanford Law School (J.D. 1978).

http://www.dwt.com/People/PaulGlist


Rachel Welch currently serves as a Group Vice President in Time Warner Cable’s Government Relations department. In this role, Ms. Welch oversees federal affairs, and is responsible for developing and implementing Time Warner Cable’s policy strategy before Congress and the Administration on a wide range of issues affecting the company. 

Prior to joining Time Warner Cable, she was Vice President, Global Public Policy, at Time Warner Inc., where she was responsible for legislative affairs and worked closely with Time Warner’s business units, including HBO, Time Warner Cable and Turner Broadcasting. 

Immediately before joining Time Warner, Ms. Welch served as Counsel to the U.S. Senate Commerce Committee under Senators Daniel Inouye and Ernest Hollings. She was responsible for developing the strategy, drafting and managing legislation brought before the Commerce Committee on issues affecting all sectors of the communications industry. In this role, she provided legal analysis and policy guidance to Senators Inouye, Hollings and the other Democratic Members of the Committee and their staffs. 

Ms. Welch also practiced law in the Washington, D.C. office of Covington & Burling, where she specialized in communications law, representing clients before Congress and the Federal Communications Commission. Previously, Ms. Welch provided regulatory and legislative policy analysis for AT&T Corp. 

Ms. Welch is a graduate of the University of Virginia School of Law, and a magna cum laude graduate of Wells College. Immediately after finishing law school, Ms. Welch served as a judicial clerk to the Honorable James Turner on the United States Court of Federal Claims. 

Ms. Welch lives with her husband and two sons in Arlington, Va. 

Time Warner Cable is among the largest providers of video, high-speed data and voice services in the United States, connecting more than 15 million customers in 29 states to entertainment, information and each other. Time Warner Cable Business Class offers data, video and voice services to businesses of all sizes, cell tower backhaul services to wireless carriers and, through its NaviSite subsidiary, managed and outsourced information technology solutions and cloud services. Time Warner Cable Media, the advertising arm of Time Warner Cable, offers national, regional and local companies innovative advertising solutions. More information about the services of Time Warner Cable is available at www.twc.com, www.twcbc.com, www.navisite.com, and www.twcmedia.com.


Rick Chessen is Senior Vice President, Law & Regulatory Policy, for the National Cable & Telecommunications Association (NCTA). In that role, he manages the NCTA Legal Department and the Association’s relationship with the Federal Communications Commission (FCC). Chessen joined NCTA in 2009.

Prior to his current position, Chessen spent over 14 years in public service at the FCC. He initially joined the Commission in 1994 as a senior attorney in the Cable Services Bureau and then served in various other positions, including Senior Legal Advisor to former Commissioners Michael Copps and Gloria Tristani, Chair of the FCC’s Digital Television Task Force, and Associate Bureau Chief for the Media Bureau. He also served as Acting Chief of Staff of the Commission in early 2009 during the Acting Chairmanship of Commissioner Copps.

Chessen also has worked in private enterprise and practiced law at several law firms.

Chessen holds a J.D. from Harvard Law School and is a graduate of the University of Wisconsin.


Shawn H. Chang is Of Counsel at Wiley Rein and a member of the firm’s TMT, Public Policy, and Privacy practices. A former Chief Counsel in the U.S. House of Representatives, Shawn uses his extensive Capitol Hill experience to assist clients with matters pertaining to communications, technology, commerce, transportation, and energy. He provides strategic advice on legislative, public policy, and legal issues, with an in-depth knowledge of the inner workings of Congress and administrative agencies. Shawn serves as a co-chair of Wiley Rein’s LGBT & Allies Affinity Group. 

While on the Hill, Shawn was the lead staffer on spectrum, wireless, and international telecommunications issues, where he maintained his key relationships between the Communications and Technology Subcommittee and the White House, Executive agencies, the U.S. Senate, and congressional committees. As a former Chief Counsel for the Subcommittee, he has counseled the full Committee and Subcommittee ranking members and other members of Congress on communications and technology issues. Additionally, he has supervised and managed the Subcommittee on Communications and Technology’s daily operations and its Democratic staff. 

Shawn provided assistance to the Subcommittee on Commerce, Manufacturing and Trade, specifically in advising members and staff on jurisdictional issues between the Federal Communications Commission (FCC) and the Federal Trade Commission on regulation of privacy and data security practices, and participated and assisted with the work of the Subcommittee on Oversight and Investigation as they relate to the communications and high tech sectors. 

Shawn has been involved in some of the most important legislative initiatives over the last decade. He negotiated and drafted the Public Safety and Spectrum Act of 2012, which created the First Responder Network Authority (FirstNet) – the entity responsible for building the first nationwide interoperable broadband network for first responders – and authorized the FCC to conduct “incentive auctions” of radiofrequency spectrum. Additionally, he led the negotiation and drafting of the Satellite Television Extension and Localism Act Reauthorization (STELAR) Act of 2014 that reauthorized expiring compulsory licenses for satellite television providers. Shawn served as a member of several U.S. delegations to international forums on Internet governance and drafted resolutions expressing positions held by members of Congress. He led the negotiation and drafting of updates to the Commercial Spectrum Enhancement Act of 2004 to help facilitate and improve the reallocation of federal-use spectrum to non-federal users. He also led the drafting and passage of the Radio Spectrum Inventory Act of 2010 and the Local Community Radio Act of 2010 and drafted and negotiated the American Recovery and Reinvestment Act’s broadband stimulus programs and the Digital Television Delay Act. Assisted with the drafting and negotiation of the Data Accountability and Trust Act.

Practice Areas

Privacy

Public Policy

Telecom, Media & Technology

Education

J.D., The George Washington University Law School

B.S., cum laude, Georgetown University; School of Foreign Service

Bar and Court Admissions

*District of Columbia Bar (Pending, supervised by principals of the firm)

Maryland Bar

Affiliations

Board Member, Telecommunications Policy Research Conference (2015-Present)

Maryland State Bar Association (2008-Present)

Federal Communications Bar Association, Co-Chair, Legislative Committee (2010-2013)

Faculty, Practicing Law Institute (2012-Present


Alison Greenwald Neplokh, Chief Engineer, FCC Media Bureau

Ms. Neplokh is the Chief Engineer of the Media Bureau at the Federal Communications Commission where she advises the Bureau Chief on a variety of technology issues related to cable television, broadcast television, and cable broadband service.  Her diverse portfolio includes work on cable set-top boxes, online video distribution, video accessibility standards, next generation broadcast standards, and preparing for the FCC’s upcoming incentive auction.

Her work across these areas led to being named Technology Woman to Watch in 2013 by TVNewsCheck Magazine.

Prior to joining the FCC, she worked as a software engineer at a telecommunications equipment manufacturer, designing the internals of a high-speed IP router.  Before that, she worked for Carnegie Mellon University in the systems development group, writing software to monitor the campus network. 

Ms. Neplokh has a B.S. in Electrical and Computer Engineering from Carnegie Mellon University and a J.D. from the Georgetown University Law Center.


As Vice President and Chief Privacy Officer for Cox Communications, John Spalding oversees Cox Communications’ privacy program.

Prior to assuming his Vice President and Chief Privacy Officer role on a full-time basis in 2015, John served as Vice President of Government Affairs beginning in 2006 and added the additional role of Chief Privacy Officer in 2011.  Before that, John served as Vice President and Assistant General Counsel for seven years and as Senior Counsel for three years.  He joined Cox Communications in 1994 as Attorney after serving two years as Attorney for Cox Enterprises, Inc., Cox Communications’ parent company, starting in 1992.  Previously, John was a partner with Swift, Currie, McGhee and Hiers, an Atlanta-based private law firm.

Spalding serves currently as Chairman of the Atlanta History Center.  Spalding also currently serves as Immediate Past-Chairman of The University of Georgia Foundation, the University’s fundraising support arm.  In 2014, Spalding received the Blue Key Service Award from UGA for distinguished service and support of the University.

Spalding is a Certified Information Privacy Professional/United States (CIPP/US).  Spalding holds bachelor’s and law degrees from the University of Georgia, where he was a magna cum laude honors graduate and elected to Phi Beta Kappa.


Tara is Chair of the Communications Section and in her over 20 years in private practice, has developed extensive experience in cable and broadband regulation. Her practice includes counseling and representation in connection with federal and state governmental matters, as well as communications-related transactions and litigation. She counsels communications industry clients on matters such as network access, net neutrality, OVD competition issues, and compliance with the Twenty-First Century Communications and Video Accessibility Act of 2010 and the related FCC rules for accessibility of advanced communications services and equipment. She assists clients with transfer of control issues in the purchase and sale of systems, and advises them in retransmission consent and program carriage disputes before the Federal Communications Commission and the courts. Her clients include Cablevision Systems Corporation, National Cable & Telecommunications Association, Discovery Communications, AMC Networks, MSG Networks and others.

Tara received her B.A. in Government and Modern European Studies from Cornell University (1990). She earned her J.D., with high honors, from Duke University School of Law (1993). She serves as the Washington office’s coordinator for community service activities, as well as the Firm's Co-Chair for Professional Development.

EDUCATION

  • Duke University (JD, with high honors, 1993)
  • Cornell University (BA, Government and Modern European Studies, 1990)

BAR ADMISSIONS

  • District of Columbia


Andrew Phillips is the Policy Counsel at the National Association of the Deaf. He is responsible for providing analysis, recommendations, and counsel to the NAD on policy issues affecting deaf and hard of hearing people across the United States. Phillips is heavily involved with the NAD’s work on federal legislation and the rulemaking processes within various federal agencies such as the Federal Communications Commission and the Department of Justice. After graduating from Gallaudet University, Andrew Phillips earned a J.D. at U.C. Hastings College of the Law in San Francisco where he was a member of the Hastings Science and Technology Law Journal. During law school, Phillips interned at the Disability Rights Legal Center in Los Angeles, CA where he worked for the Civil Rights Litigation Project, and later he was a Summer Associate at Fenwick & West LLP in Silicon Valley where he worked with the corporate and litigation groups. Phillips is a former Congressional Intern of U.S. Senator Barbara Boxer and worked in her Capitol Hill office. In July 2013, Phillips was recognized by the White House as a Champion of Change.


Barbara S. Esbin is a partner with the law firm of Cinnamon Mueller, and head of the firm’s Washington, D.C. office.  With over twenty-five years of experience in communications law and policy, she advises and represents communications companies before the Federal Communications Commission (FCC), the U.S. Congress, and in the courts.  Ms. Esbin’s practice includes advising and representing the American Cable Association, the leading national trade association for small and medium-sized cable and broadband companies.  She also advises and represents individual cable, broadband and telecommunications clients on a wide range of business, strategic and FCC regulatory and compliance matters, and provides strategic counsel to investment research groups.  Ms. Esbin joined Cinnamon Mueller in 2010 after an extended tenure with the FCC, and following her position at The Progress & Freedom Foundation, a Washington, DC-based think tank specializing in communications policy and law, as a Senior Fellow.  She served for over fourteen years at the FCC in a variety of senior staff positions in the Enforcement, Media, Cable Services, Wireless Telecommunications, and Common Carrier Bureaus, including four years as Associate Chief, Media Bureau.  In that capacity, she represented the Bureau on a number of inter-agency efforts and led the review of several major industry mergers and rulemakings addressing cable and broadband competition issues.  Between her two FCC engagements, Ms. Esbin was a partner in a private law firm, specializing in cable and broadband regulatory and compliance matters.  Prior to joining the FCC, she was a senior associate in a boutique firm specializing in electric utility regulation.  Ms. Esbin held judicial clerkships, respectively, on the North Carolina Court of Appeals and the North Carolina Supreme Court.  She received her J.D. from the Duke University School of Law and her B.A. from Antioch College.


Michael Hurwitz is a partner in the Communications, Media & Privacy Department of Willkie Farr & Gallagher LLP, in Washington DC.  Michael’s focus includes FCC regulatory policy for communications and media companies, regulatory review of mergers and acquisitions, and Internet- and programming-related litigation, arbitrations, and appeals of agency orders.  Michael has participated in FCC rulemakings relating to net neutrality, online video, program carriage, program access, and media ownership.  Michael also advises communications and media companies on regulatory compliance issues.


Michelle Carey is Deputy Chief of the Media Bureau at the Federal Communications Commission.  In this role, she assists in shaping the Bureau’s policies designed to facilitate competition in the multichannel video programming marketplace.  Ms. Carey has been involved in implementing key legislation including STELAR, CVAA and the CALM Act as well as developing rules relating to the Incentive Auction.  Prior to this appointment, she was a Senior Advisor to Assistant Secretary Lawrence E. Strickling at the National Telecommunications and Information Administration (NTIA) in the Department of Commerce.  At NTIA, she assisted in the implementation of a key Recovery Act program, the $4.4 billion Broadband Technology Opportunities Program.  Ms. Carey has also worked at the Commission in a number of other capacities, including Senior Legal Advisor to Chairman Martin, Deputy Chief of the Wireline Competition Bureau, and Chief of the Competition Policy Division of the Wireline Competition Bureau.  Before joining the Commission, she clerked for the Honorable Hart T. Mankin of the U.S. Court of Veterans Appeals.  Ms. Carey received her B.A., magna cum laude, from Georgetown University and received her J.D. from the Georgetown University Law Center.


Hank joined AT&T in 2004.  He represents AT&T at the Federal Communications Commission on a number of issues including broadband and Internet policy, video and media policy, intercarrier compensation, and universal service. He is a member of the Board of Directors and of the Wireless Communications Association International and serves on the North American Numbering Council. Prior to joining AT&T, he was with MCI for eight years. Hank is a graduate of the George Mason University School of Law and the Georgetown University School of Foreign Service. He resides in Arlington, Virginia with his wife and two children.