1936-2006 Index th þ Job Bank PAGE 4 ANNIVERSARY þ Committee and 70 Chapter Events PAGE 5 Celebrating 70 years of service þ CLE Seminars PAGE 6 September 2006 þ Committee and NEWS Chapter News PAGE 8 Newsletter of the Federal Communications Bar Association This Month’s Key Events New Commissioners Reception Date/Time: Thursday, September 7, 6:00-8:00 p.m. Location: Washington Hilton Hotel, 1919 Connecticut Avenue, NW þ SEE PAGE 16

Mass Media CLE Seminar Date/Time: Wednesday, September 13, 6:00-8:15 p.m. Location: Holland & Knight LLP, 2099 Pennsylvania Ave., NW, Lower Level Conference FCC Commissioner Deborah Taylor Tate FCC Commissioner Robert M.McDowell Room Topic: Political Broadcasting 202 FCBA Fall Reception to be held on September 7 þ SEE PAGE 6 State and Local The FCBA is pleased to announce an early fall reception to meet and greet FCC Practice CLE Seminar Commissioners Deborah Taylor Tate and Robert M. McDowell on Thursday, September 7, Date/Time: Wednesday, 6:00-8:00 p.m. The reception will be held at the Washington Hilton Hotel, 1919 Connecticut September 27, 6:00-8:15 p.m. Avenue N.W., Washington, DC. Location: Klein Law Group, PLLC, 901 15th Street, NW, Sponsorships of the event are available for $500 and $250, and include registrations to the Suite 700 Topic: The “Missoula” reception. Sponsors will receive recognition in the September and October newsletter and Intercarrier Compensation Plan acknowledgement at the event. Individual tickets to the reception are also available at the — Pros and Cons following rates: Government, Academic and Law Students, $15; Private Sector Members, $50; þ SEE PAGE 6 and Private Sector non-members $100. Please use the registration form on page 16.

FCBA thanks the Fall Reception Sponsors listed on page 13.

Save the Date – November 1, 2006 8th Annual Comm Law 101 Seminar

On November 1, the FCBA will present its the Comm Law 101 seminar is to provide a annual “Communications Law 101” CLE practical overview of communications law Seminar, from 8:30 a.m. – 5:00 p.m., at the and the communications industry, explore Wiley Rein & Fielding Conference Center, some of the most important legal and 1776 K Street, N.W. This all-day event is technology issues that impact the industry, targeted at attorneys who are relatively new and identify some key practical skills for to practice and will feature recognized communications attorneys. private sector and government experts in the field; it will also afford attendees an Please look to the FCBA website and opportunity to earn CLE credits. The goal of upcoming newsletters for further details. PRESIDENT’S Message

DEAR MEMBERS: FEDERAL COMMUNICATIONS BAR ASSOCIATION Your feedback continues to highlight networking opportunities as an important benefit of FCBA membership. © copyright 2006 Thus planning is well underway for monthly FCBA-wide 1020 19th Street, N.W. events – receptions, luncheons, breakfasts – to enable you to Suite 325 enjoy fully this benefit; these events are, of course, in addition Washington, D.C. 20036-6101 Phone: (202) 293-4000 to the strong educational programming already being Fax: (202) 293-4317 scheduled by the committees and chapters. E-mail: [email protected] Website: http://www.fcba.org In addition to this month’s reception for Commissioners OFFICERS Deborah Taylor Tate and Robert McDowell, we will host on October 24 our annual reception to meet and greet the FCC Bureau and Office Chiefs. On November 1, we Jennifer A. Warren President will present Comm Law 101, which will provide a great educational opportunity, as Diane J. Cornell well as the chance for our newer FCBA members to meet more senior members who President-Elect volunteer their time as subject matter experts. My thanks to both John Nakahata Mark D. Schneider and Adam Krinsky for agreeing to co-chair this program. Secretary Carolyn W. Brandon On December 14-15, the FCBA will co-sponsor with PLI the 24th Annual Assistant Secretary Telecommunications Policy and Regulation Conference; as usual, our Conference Richard S. Whitt Committee – this year, Dick Wiley, Henry Rivera, Clark Wadlow, and Kathleen Treasurer Abernathy – has put together a stellar program, featuring many of your FCBA Robert L. Pettit colleagues. Traditionally, we have held our annual Chairman’s Dinner in Assistant Treasurer coordination with the FCBA/PLI Conference. This year, however, we will be departing from tradition by moving the Chairman’s Dinner to the Spring – allowing EXECUTIVE COMMITTEE us to participate in at least one more office holiday party! Please look to upcoming John B. Branscome newsletters for further details. Robert E. Branson Sally A. Buckman Michele C. Farquhar Finally, our ad hoc speakers committee, coordinated by Melissa Newman, and Anna M. Gomez comprised of Patricia Paoletta, Mike Gallagher, Antoinette Cook Bush, Brian Cheryl A. Leanza Fontes and Peter Shields, is also busily working on this year’s FCBA Speakers Series Laura H. Phillips — stay tuned for upcoming announcements on their great efforts! Lauren M. Van Wazer Ryan G. Wallach Kathryn A. Zachem Given the tremendous sponsorship and ticket sales, I know I will see many of you on September 7! CHAPTER REPRESENTATIVES Jennifer A. Warren William P. Cox William Levis

DELEGATE TO AMERICAN BAR ASSOCIATION Save the Date of Brooks E. Harlow

Thursday, November 16, 2006 YOUNG LAWYERS for the REPRESENTATIVE 17th Annual FCBA Charity Auction Jason E. Friedrich EXECUTIVE DIRECTOR PROCEEDS TO BENEFIT FAIR CHANCE Stanley D. Zenor DIRECTOR OF NEW LOCATION MEMBERSHIP SERVICES Marriott at Metro Center Kerry K. Loughney 775 12th Street, N.W., Washington, D.C. Editor – Kerry Loughney To volunteer or donate auction items, Photographer – Mark Van Bergh contact Natalie Roisman at [email protected]. Password as of September 10, 2006: 833

FCBA NEWS 2 SEPTEMBER 2006 WELCOME Column

Darren A. Bowie John Godfrey Nancy Kumar FCBA AOL LLC Samsung Information Southern Company Services Welcomes Its 22000 AOL Way Systems America 5555 Glenridge Connector 2nd Floor 1200 New Hampshire Suite 500 New Members Dulles, VA 20166 Avenue, NW Atlanta, GA 30342 Phone: 703-265-7761 Suite 550 Phone: 404-506-5357 Stephanie Alfonso-Frank Fax: 703-265-3446 Washington, DC 20036 Fax: 404-506-0554 Latham & Watkins Email: darren.bowie@ Phone: 202-887-5667 Email: nkhaberk@ 555 11th Street, NW corp.aol.com Fax: 202-331-7961 southernco.com Suite 1000 Email: john.godfrey@ Washington, DC 20004 Ty M. Bream samsung.com Anne Linton Phone: 202-637-1020 8500 16th Steet Washington Federal Fax: 202-637-2201 Apartment 118 Kevin Green Strategies Email: stefanie.alfonso- Silver Spring, MD 20910 4601 North Park Avenue [email protected] Phone: 717-877-1557 1300 I Street, NW Suite 710 Email: [email protected] Suite 400 West Chevy Chase, MD 20815 Mark Ashby Washington, DC 20005 Phone: 301-951-7062 Cingular Wireless Eric Breisach Phone: 202-515-2464 Fax: 301-951-3866 5565 Glenridge Connector Fleischman and Walsh, LLP Fax: 202-789-1540 Email: [email protected] Phone: 404-236-5568 1919 Pennsylvania Avenue, Email: Kevin.M.Green@ Fax: 404-236-5575 NW verizon.com Chong Liu Email: mark.ashby@ Suite 600 City of Boston Law cingular.com Washington, DC 20006 Jennifer Hanley Department Phone: 202-939-7900 3801 Connecticut Avenue, Boston City Hall Todd Baxter Fax: 202-387-3467 NW Room 615 Texas Cable and Email: ebreisach@ Apt 441 Boston, MA 02201 Telecommunications fw-law.com Washington, DC 20008 Phone: 617-635-4061 Association Phone: 610-428-0135 Fax: 617-635-2012 506 W 16Th St Kelly Cameron Email: jennifer.hanley@ Email: chong.liu@ Austin, TX 78701-1502 8905 Second Avenue gmail.com cityofboston.gov Phone: 512-474-2082 Silver Spring, MD 20910 Fax: 512-474-0966 Phone: 202-487-3915 Philip W. Harrington Jennifer T. Miller Email: tbaxter@ Email: [email protected] Verizon Communications Leventhal Senter & Lerman txcable.com 1300 I Street, NW PLLC Kimberly L. Cook Suite 400W 2000 K Street, NW Alison R. Beck Federal Communications Washington, DC 20005 Suite 600 Oregon-Idaho Utilities, Inc. Commission Phone: 202-515-2586 Washington, DC 3645 Grand Avenue International Bureau, Policy Fax: 202-789-1540 20006-1809 Suite 205A Division Email: philip.w.harrington@ Phone: 202-416-1089 Oakland, CA 94610 445 12th Street, SW verizon.com Fax: 202-293-7783 Phone: 510-338-4622 Washington, DC 20554 Email: [email protected] Fax: 510-251-9211 Phone: 202-418-7532 Seiji Kawamura Email: [email protected] Fax: 202-418-2824 NTT DoCoMo USA, Inc. Christopher W. Patton Email: kimberly.cook@ 1399 New York Avenue, NW 2791 Centerboro Dr Barry J. Blonien fcc.gov Suite 450 Apt. 373 Latham & Watkins LLP Washington, DC 20005 Vienna, VA 22181 555 11th Street, NW Justin Faulb Phone: 202-639-9375 Phone: 703-216-8788 Suite 1000 555 Massachusetts Avenue, Email: kawamura@ Email: cwpatton@ Washington, DC NW docono-usa.com law.gwu.edu 20004-1304 Apartment 901 Phone: 202-637-2109 Washington, DC 20001 Fax: 202-637-2201 Phone: 719-649-4562 Email: barry.blonien@ Email: [email protected] lw.com

CONTINUED ON PAGE 4 þ

FCBA NEWS 3 SEPTEMBER 2006 WELCOME Column

CONTINUED FROM PAGE 3 Stefan Resinger Gregory M. Romano Jason B. Williams Kelley Drye Collier Shannon Verizon Communications 310 West Spruce Street Michael H. Pryor 3050 K Street, NW 1800 41st Street Missoula, MT 59801 Mintz, Levin, Cohn, Ferris, Suite 400 WA01505RA Phone: 406-721-7772 Glovsky and Popeo, P.C. Washington, DC 20007 Everett, WA 98201 Fax: 406-721-7776 701 Pennsylvania Avenue, Phone: 202-342-8517 Phone: 425-261-5460 Email: [email protected] NW Fax: 202-342-8451 Fax: 425-261-5262 Suite 900 Email: gregory.m.romano@ Melissa Winberg Washington, DC Scott A. Robin verizon.com 2122 Acklen Avenue 20004-2608 Weiss Serola Helfman, P.A. Apartment 9 Phone: 202-434-7365 200 East Broward Blvd. Paul M. Schudel Nashville, TN 37212 Fax: 202-434-7400 Suite 1900 Woods & Aitken LLP Phone: 801-949-4847 Email: [email protected] Ft. Lauderdale, FL 33301 301 South 13th Street Email: melissa.d.winberg@ Phone: 954-763-4242 Suite 500 vanderbilt.edu Chris Reichman Fax: 954-764-7779 Lincoln, NE 68508 842 Agate, #4 Email: srobin@ Phone: 402-437-8509 San Diego, CA 92109 wsh-law.com Fax: 402-437-8558 Phone: 503-702-3633 Email: pschudel@ Email: chris_reichman@ woodsaitken.com hotmail.com JOB Bank

TO RESPOND TO JOB BANK LAW FIRM / CORPORATE Corporate Government Affairs on key local LISTINGS franchising matters; coordinating the 9.06.1 regulatory filings associated with requests for If the employer is listed, send the information Attorney Employment Manager - Collegial consent to acquire or sell cable systems; requested directly to the employer. If you are mid-size DC office of prominent national firm working with in-house and outside counsel; responding to a BLIND BOX listing, send ONE is looking for an associate with 2-4 years of and drafting relevant documents such as FCC COPY of the information requested to Kerry experience in communications law. Firm has forms and draft resolutions. Loughney, Federal Communications Bar extensive telecom practice including, satellite, Qualified candidates must have: 4 years of legal Association, 1020 19th Street, NW, Suite 325, wireline and wireless. Associate will work on experience as counsel on federal, state or local Washington, DC 20036-6101, or EMAIL it to both transactional and regulatory matters, cable, video or related policy issues and/or legal [email protected]. Please clearly indicate the perhaps some litigation. You must have top experience in cable franchising; understanding Blind Box number to which you are academic credentials, superior writing skills of federal, state, and local legislative, regulatory responding. If you are applying to a Blind Box, and relevant prior experience at law firm or and political processes including bill drafting you may enclose a separate note to the FCBA government agency. Please send your resume and review; ability to write legal pleadings on specifying any organization to which you do and transcript in confidence to complex policy issues and effectively deliver not wish your application to be forwarded. [email protected] or fax to 202-879-8930. the positions of the company in public hearings Responses to Blind Box listings can be accepted and proceedings; strong negotiation and only from FCBA members. 9.06.2 communication skills; experience in preparing Senior Counsel, Legal and Regulatory and presenting legal issues to high-level TO LIST A JOB Affairs, Cablevision – The Senior Counsel will corporate executives. Send resumes to: play a major role in the development, [email protected]. Complete a Job Bank Form and send or fax the coordination, and implementation of positions 9.06.3 form and appropriate payment to Kerry on regulatory policy issues involving local, Loughney, Federal Communications Bar state, and federal matters that substantially VP, Law and Public Policy – National Internet Association, 1020 19th Street, NW, Suite 325, impact Cablevision’s regulated businesses. company seeks attorney with 3-5 years+ Washington, DC, 20036, 202-293-4317. In He/she will also be responsible for a range of telecommunications and Internet-related addition, please email the text of the ad to issues relating to Cablevision’s local franchising experience. Excellent opportunity to join a [email protected]. Listings and payment received efforts, including providing legal advise, dynamic organization offering counsel on legal, by the 15th day of each month will appear in assistance, and oversight in the negotiation of business, and policy issues including regulatory the next month’s newsletter. If possible, ads the Company’s franchise agreements. proceedings, legal research, and contract should not exceed 75 words. Please call the Specific responsibilities include: developing review. Superior writing, research and FCBA, 202-293-4000 for a Job Bank Form. (No strategies on policy issues; assisting in the interpersonal skills a must. Industry and headhunters please). implementation of regulatory policies by regulatory experience preferred. Submit drafting appropriate documentation and by resume, cover letter, writing sample and participating in the management of the references to [email protected]. Please note this is company’s involvement in proceedings before a Blind Box Ad. state and federal agencies; representing

FCBA NEWS 4 SEPTEMBER 2006 COMMITTEE AND CHAPTER Events

Common Carrier Committee Engineering and Technical For more information or to RSVP: Practice Committee Chris Moore, [email protected] Event: Brown Bag Lunch *Please note that for security reasons all Date/Time: Tuesday, September 19, 12:15 Event: Brown Bag Lunch attendees must RSVP in advance for this event. p.m. Date/Time: Wednesday, September 13, 12:15 Location: Wiley Rein & Fielding LLP, 1776 K – 1:45 pm Transactional Practice Committee Street, NW, Main Conference Center Location: Goldberg, Godles, Wiener & Topic: Meet the FCC Wireline Legal Advisors Wright, 1229 19th St NW Event: Brown Bag Lunch Speakers: FCC Wireline Legal Advisors (all Topic: It’s the inaugural brown bag lunch Date/Time: Thursday, September 14, 12:30 – invited) meeting of the ETP Committee. Join us for a 1:45 p.m. RSVP to: Myra Creeks at discussion of upcoming activities and your Location: FCC, 8th Floor South Conference [email protected] suggestions for the new 2006-07 year. Room Note: Beverages provided For More Information and to RSVP: Topic: Kick-off meeting to ask Committee Contact Deborah Wiggins, members their views on the coming year’s Communications Law, Copyright [email protected] program and to provide their thoughts as to & Digital Rights Management topics that they would be most interested in the Committee FCC Enforcement Practice Committee hosting during the year. Committee RSVP to: Neil Dellar, [email protected] or 202-418-8214 Event: Brown Bag Lunch Date/Time: Thursday, September 21 12:15 – Event: Brown Bag Lunch and Organizational 1:45 p.m. Meeting Wireless Telecommunications Location: Fleischman and Walsh, 1919 Date/Time: Tuesday, September 26, 12:00 – Practice Committee Pennsylvania Ave. NW, Suite 600 1:30 p.m. Topic: It’s the inaugural meeting of a new Location: Skadden Arps Slate Meagher & *Please note the new time and place for committee focused on the converging worlds of Flom, LLP, 1440 New York Avenue, NW Wireless Committee meetings: fourth copyright and communications law. Join us for Topic: Meet the Enforcement Bureau and Thursday of the month at Latham & Watkins, a bring your own lunch organizational meeting Committee Event Planning 555 Eleventh Street, N.W. where we will discuss our plans for the year Speakers: Kris Monteith, Chief, FCC and solicit ideas. Enforcement Bureau. Other Enforcement Event: Luncheon For More Information and to RSVP: Bureau officials invited. Date/Time: Thursday, September 28, Contact Seth Davidson (sdavidson@fw- RSVP to: Christi Shewman by September 25 – 12:15 p.m. law.com), Ben Golant ([email protected]) or Ann [email protected] Location: Latham & Watkins, 555 Eleventh Bobeck ([email protected]) Street, N.W., 10th floor HLS/Emergency Communications Topic: Wireless Preemption Continuing Legal Education Ad Hoc Committee Confirmed speakers: Brad Ramsay, Committee General Counsel of NARUC, Chris Guttman- McCabe, VP of Regulatory Affairs for CTIA, Event: Brown Bag Lunch Chris Wright, Partner, Harris, Wiltshire & Event: CLE Committee Organizational Brown Date/Time: Wednesday, September 27, 12:15 Grannis, and Debra Berlyn, Senior Legislative Bag Lunch – 1:45 p.m. Representative, Federal Affairs, AARP Date/Time: Friday, September 15th, 12:15 – Location: Pillsbury Winthrop Shaw Pittman Cost: $15.00 1:30 p.m. LLP, 2400 N Street, NW, Lobby Note: Drinks and food provided. Location: Wiley Rein & Fielding LLP, 1776 K Topic: This is the kick-off meeting for the RSVP to: use form on page 18. Street, Main Conference Center (first floor) new Ad Hoc Committee on Emergency Topic: The meeting will serve as a Response and Homeland Security. At this brainstorming, planning and coordination meeting, we ask all interested FCBA members Young Lawyers Committee session for organizing the first slate of CLE to attend to provide us insight into what events events this year. Please come with any you would most be interested in us hosting Event: Brown Bag Lunch suggestions you may have for CLE sessions. over the coming year. Date/Time: Wednesday, September 20, RSVP to: Joshua Turner, [email protected] For More Information and to RSVP: 12:15 - 1:45 p.m. Jennifer Manner, 703-390-2730 or Location: Cole, Raywid & Braverman LLP, Diversity Committee [email protected] 1919 Pennsylvania Ave. NW, Suite 200 Speakers: Maureen O’Connell, Senior Vice President, Regulatory & Government Affairs; Event: Brown Bag Lunch Legislative Committee Paul Glist, Partner, Cole Raywid & Braverman; Date/Time: Wednesday, September 13, 12:00 Rick Whitt, Principal, NetsEdge Consulting. – 2:00 p.m. Event: Brown Bag Lunch Topic: Communications Law and the Location: Fleischman and Walsh, LLP, 1919 Date/Time: Friday, September 8, 12:15 p.m. Internet: Content, Carriage, and Access in the Pennsylvania Ave, NW, 6th Floor Location: U.S. Capitol HC-6 Digital Age. Join us for this panel event to Topic: Organizational Meeting Topic: Prospects for Communications Reform discuss the impact of increased distribution of RSVP to: Russell Frisby, [email protected] in the 109th Congress content over the Internet on communications or 202-939-7900 Speakers: James Assey, Senior Minority law and policies currently applied to Counsel, Senate Commerce Committee; programming distributors and broadcasters, Johanna Shelton, Minority Counsel, House and the potential of these changes to lead to Energy and Commerce Committee; Lisa “regulation of the internet” itself. Sutherland, Staff Director, Senate Commerce For More Information: Contact Natalie Committee; Howard Waltzman, Chief Counsel, House Energy and Commerce Committee CONTINUED ON PAGE 7 þ

FCBA NEWS 5 SEPTEMBER 2006 CLE Seminars

7:15 – 7:25 p.m. September 13th, Joel Lubin BREAK Vice President, Regulatory Planning and 6:00 – 8:15 p.m. Policy 7:25 – 8:15 p.m. Political AT&T QUESTION AND ANSWER Broadcasting 202 SESSION Billy Jack Gregg Director, Consumer Advocate Division Presented by the Mass Media Committee LOCATION: West Virginia Public Service Commission Holland & Knight LLP, 2099 Election season is here again — are you NASUCA Representative to NARUC Pennsylvania Ave., NW, Lower Level ready to counsel broadcast clients on Task Force on Intercarrier Conference Room, Washington, DC the latest political broadcasting Compensation regulations and decisions? Which See page 18 for registration information. candidates are entitled to equal opportunities? How do make goods Agenda affect the lowest unit charge? When is September 27th, 6:00 – 6:05 p.m. sales recapture permitted? What INTRODUCTION constitutes a “use”? This CLE will 6:00 – 8:15 p.m. address the Communications Act and The “Missoula” 6:05 – 6:15 p.m. FCC rules governing political HISTORY OF THE PLAN broadcasting, as well as statutes and Intercarrier Hon. Ray Baum rules administered by the Federal Compensation Plan Election Commission. A panel of 6:15 – 6:30 p.m. experts will address many of the more — Pros and Cons OUTLINE OF THE MISSOULA complex questions raised by the statutes Presented by the State and Local Practice PLAN and rules — everything you need to Committee Joel Lubin know to advise broadcast clients on compliance with FCC and FEC rules After several years of discussion, on July 6:30 – 6:45 p.m. while keeping their viewers and 25, 2006, NARUC’s Task Force on PLAN PROPONENTS listeners informed about elections. Intercarrier Compensation filed a Joel Lubin proposal with the FCC to reform Additional speakers to be announced SPEAKERS: intercarrier compensation. Supporters Hans A. von Spakovsky, Commissioner, of the plan say that it unifies intercarrier 6:45 – 7:00 p.m. Federal Election Commission charges for the majority of lines, and PLAN OPPONENTS moves all intercarrier rates charged for Billy Jack Gregg Robert Baker, Assistant Division Chief, all traffic closer together. Opponents of Additional speakers to be announced Policy Division, Media Bureau, FCC the plan say it sets the subscriber line Hope Cooper, Attorney/Advisor, Policy charge too high, continues to include 7:00 – 7:10 p.m. Division, Media Bureau, FCC discriminatory points of interconnection BREAK and discriminatory forms of Jack Goodman, Counsel, Wilmer Cutler compensation, and could add more 7:10 – 8:00 p.m. Pickering Hale and Dorr LLP inefficiency and regulatory distinctions. MODERATED DEBATE AMONG Moderator: This CLE will instruct attendees on the PANELISTS David A. O’Connor, Holland & Knight elements of the plan followed by Moderator, Hon. Ray Baum LLP discussion among key supporters and opponents on the merits and likely 8:00 – 8:15 p.m. effects of implementing the plan. QUESTIONS AND ANSWER Agenda SESSION 6:00 – 6:05 p.m. SPEAKERS: LOCATION: INTRODUCTORY REMARKS Hon. Ray Baum Commissioner, Public Utilities Klein Law Group, PLLC, 901 15th 6:05 – 7:15 p.m. Commission of Oregon Street, NW, Suite 700, Washington, DC FCC AND FEC POLITICAL Chair, NARUC Task Force on BROADCASTING Intercarrier Compensation See page 18 for registration information. REGULATIONS CONTINUED ON PAGE 7 þ

FCBA NEWS 6 SEPTEMBER 2006 COMMITTEES AND CHAPTERS in the Spotlight

[email protected]; or Colin Sandy, to invite members of Congress, Diversity Committee [email protected] for more Congressional staff and representatives information or to suggest program of affected industries or groups to The Diversity Committee is gearing up topics. participate in our events. for an exciting and productive year, which will include CLEs, outreach to The Committee has chosen the second area law schools, and community Friday of each month to hold meetings service opportunities. The Committee’s Legislative or events and will seek to stick to that events will take place on the second Committee time unless schedules do not allow it. Wednesday of the month. The We invite all FCBA members to sign up Committee is already hard at work The upcoming year promises to be an for the Committee, and to join us for putting together a CLE for October 11. exciting one on the legislative front. our first brown bag lunch on Friday, The October CLE will focus on the Many bills are pending in Congress that September 8, where our expert panelists Commission’s current media ownership could impact the communications from the House and Senate Commerce proceeding and whether or not the industry, including a possible Committees will discuss the chances of current rules are necessary in the public comprehensive reform bill. As a result Congress passing comprehensive interest. Future programs will include the Committee is anticipating a busy communications reform this year. discussions on mentoring, the Universal year. Please feel free to let us know if you Service Fund, and other issues. have any ideas for future programs, or if The Committee is currently co-chaired you would like to volunteer for any The Committee encourages all members by Amy Levine of Congressman events. If you would like more to sign up for the Committee and to Boucher’s office, Chris Moore of Senator information, please contact Amy Levine, join us for our first planning meeting on Burns’office, Gregg Rothschild of [email protected]; Chris September 13 at Fleischman and Walsh, Verizon, and Paula Timmons of Paula Moore, [email protected]; LLP, 1919 Pennsylvania Ave, NW, 6th Timmons Consulting. Among the Gregg Rothschild gregg.a.rothschild@ Floor (an organization brown bag). events to be held in the upcoming year verizon.com; or Paula Timmons, Please feel free to contact any of the include a reception to welcome the new [email protected]. Committee’s co-chairs, Parul Desai, and old members of the 110th [email protected]; Russell Frisby, Congress, as well as brown bag lunches, [email protected]; Jeffrey Tignor, CLEs and happy hours. We also plan

CLE SEMINARS Confirmed Panelists include: Anne COMMITTEE AND CHAPTER CONTINUED FROM PAGE 6 Swanson, Member, Dow, Lohnes and EVENTS: YOUNG LAWYERS Albertson PLLC; David Honig, CONTINUED FROM PAGE 5 October 11th, Executive Director, Minority Media Roisman ([email protected] or 202- 6:00 - 8:15 p.m. and Telecommunications Council; 887-4493) or Chris Fedeli ([email protected] John F. Garziglia, Member, Womble or 202-828-9874). The FCC’s Media Carlyle Sandridge & Rice, PLLC; Angela Campbell, Professor, Institute Event: Pre-Charity Auction Happy Hour Ownership Rules Date/Time: Thursday, September 21, for Public Representation, 6:30 - 8:30 p.m. Georgetown University Law Center; Presented by the Diversity and Mass Location: The Regatta Raw Bar at the David Fleming, Senior Legal Counsel, Marriott at Metro Center, 775 12th Street NW, Media Committees Gannett Co., Inc., General Counsel, 202-654-8126. Gannett Broadcasting; Dr. Mark N. Other info: Come out for happy hour at the The FCBA Diversity and Mass Media new location of the 2006 FCBA Charity Cooper, Director of Research, Committees will co-sponsor a CLE Auction. Hot and cold appetizers will be Consumer Federation of America; Seminar from 6:00 – 8:15 p.m. on provided for FCBA members compliments of Richard Kaplar, Vice President, The the Marriott at Metro Center, along with October 11, 2006, on the Media Institute; Andrew Jay reduced price martinis and wine. The Marriott Commission’s current media Schwartzman, President and CEO, is located next to the Metro Center escalator, ownership rules, the pending and the Regatta Raw Bar is accessible from the Media Access Project. proceeding and whether or not the hotel lobby or from the bar’s separate H Street current rules are necessary in the entrance. For more information, contact Please look to the FCBA website and Natalie Roisman ([email protected] or public interest. The program will be October newsletter for further details. 202-887-4493) or Chris Fedeli held at the law offices of Dow Lohnes ([email protected] or 202-828-9874). PLLC, 1200 New Hampshire Avenue, NW, Suite 800, Washington, DC.

FCBA NEWS 7 SEPTEMBER 2006 COMMITTEE AND CHAPTER News

this year, but are open to such a tour if Please advise Deborah Wiggins Charity Auction the Committee thinks it would be ([email protected]) if you plan to Committee useful. attend the meeting on September 13th.

The Charity Auction's Non- There are two other Committee events Communications Prizes Subcommittee that are being arranged; one is Florida Chapter is looking for ideas and volunteers to something we wanted to do last year, make this year's auction a huge success! but we ran out of time. It is a brown bag The Florida Chapter will present its Please share with us your suggestions session with OET and the “chief 2006 Florida Legislative Update for cool prizes you would like to see technical officers” of the other bureaus program on November 16, 2006, in auctioned off or businesses we could to discuss their roles in their bureaus Tallahassee, Florida. Co-sponsoring the contact in our prize solicitation efforts. and the interaction with OET. Our other event are the University of Florida The subcommittee co-chairs are Micah event is our annual CLE session, usually Public Utilities Research Center and the Caldwell, Brendan Carr, and Karen in February. As with our other CLEs, Florida Bar Public Utilities Law Henein. If you are interested in this one is being arranged by committee Committee. Confirmed and invited volunteering some of your time to the member and former co-chair Mitchell speakers include representatives from subcommittee, we would greatly Lazarus. BellSouth, BOMA/Real Access Alliance, appreciate your help in soliciting prizes! the Edison Electric Institute, the Florida Please send an email to The co-chairs have discussed and Cable Telecommunications Association, [email protected]. reached tentative agreement on a few Florida Digital Network, Florida Power other events for the coming year. One & Light, the Florida Public Service would be a “debate” between leading Commission, MDU Communications, Engineering and protagonists on a current technical issue Progress Energy, Sprint, and Vonage. A Technical Practice before the Commission, such as the tentative outline of the program is “white spaces” proceeding or the provided below. Registration Committee technical aspects of a net neutrality information will be available in the regime. We would hope to have this in October FCBA newsletter. For more On September 13th, at noon, our the early evening at a local bar or information about the Florida Chapter Engineering & Technical Practice restaurant and combine it with a or the upcoming Tallahassee event, Committee will have a brown bag lunch committee social event. Another event contact Florida Chapter Co-Chairs, Will meeting to discuss upcoming activities would be a brown bag presentation by Cox at [email protected] or Beth for the new 2006-07 year. the CTO or other technical guru from a Keating at [email protected]. leading Internet company and would One activity we already have arranged - focus on coming developments. 2006 FLORIDA TELECOM AND thanks to the good work of committee ENERGY LEGISLATIVE UPDATE member Jeff Krauss - is a tour of the Bring your lunch, comments, November 16, 2006, 9:00 a.m. – 4:30 Montgomery County Public Safety recommendations and suggestions to: p.m., Tallahassee, Florida Communications Center in Goldberg, Godles, Wiener & Wright, Gaithersburg, Maryland on October 4. 1229 Nineteenth Street, N.W. We look I. State Telecom Legislation and This event is being co-sponsored by the forward to seeing committee members Related Policy Issues - S 142 (Two FCBA’s new Ad Hoc Committee on and potential committee members at Panels) Homeland Security. Given this trip, we the meeting. A. Rate Rebalancing and Universal are not planning a tour of the FCC Labs Service 1. ILEC Rate Rebalancing in Florida 2. Universal Service - Impact of New Technologies What’s the Password? (VOIP/Wireless) B. ILEC Carrier of Last Resort Many of you have noticed that while trying to log into the FCBA’s Online Responsibilities for Multi- Membership Directory: http://www.fcba.org/directory_login.shtml, that a Tenant Buildings/Exclusive password is required. The password can be located every month on page two of Contracts the FCBA News, and will appear at the bottom of the masthead. The masthead is II. Luncheon – Ethics Case Study on the box containing the list of the FCBA’s Executive Committee members. The Constellation / FPL Merger Review password changes on the 10th of every month. by the Maryland Public Service Commission

FCBA NEWS 8 SEPTEMBER 2006 COMMITTEE AND CHAPTER News

III. State Energy Legislation - S 888 As the command and control model 3:10-4:10 NEW WIRELESS (Two Panels) approaches its 80th anniversary (dating TECHNOLOGIES AND A. Energy Efficiency and back to its codification in the Radio Act OPPORTUNITIES FOR FURTHER Renewable Energy Initiatives of 1927), there is a widespread INNOVATION B. Transmission Line and Power consensus that it needs to be replaced. Dale Hatfield, Adjunct Professor, Plant Siting The two candidates that will, likely in Interdisciplinary Telecommunications conjunction with one another, provide Program, University of Colorado; for greater dynamism and more efficient former Chief Engineer, FCC Rocky Mountain use of this resource are known Peter Mannetti, Managing Partner, colloquially as the “commons model” iSherpa Capital Chapter and the “property rights model.” In fits Mark McHenry, CEO, Shared Spectum and starts, the Federal Communications Company The University of Commission continues to implement Doug Sicker, Associate Professor, each model. Colorado School of Computer Science & Interdisciplinary Telecommunications, University of Over the next several years, Law and the FCBA Colorado telecommunications policy faces an Butch Weaver, Executive Vice President Rocky Mountain extraordinary opportunity to set a new and Fellow of NextWave Wireless; course that would be a paradigm shift Chapter co-sponsor former Executive VP of Engineering at from the existing framework’s Qualcomm three programs – commitment to a command-and-control September 7, October approach. In charting a new course, 4:10-5:10 regulators must appreciate the changing THE CHALLENGES OF 10 and November 2. technologies that can operate effectively SPECTRUM MANAGEMENT using commons access spectrum and REFORM September 7th - propertized spectrum. Moreover, Bill Lehr, Professor of Economics, MIT regulators must consider carefully what Christopher Guttman-McCabe, Vice Wireless type of rules will govern spectrum President, Cellular Telecommunications effectively. In a variety of contexts- Revolutions: How & Internet Association etiquette standards for how commons Gregory Rosston, Professor, Stanford Telecommunications spectrum is used; database requirements University Regulation Should for those using spectrum; or property- Bryan Tramont, Partner, Wilkinson like rights and remedies (i.e., injunctions Barker Knauer, LLP Adapt to New for trespass)-it is clear that spectrum is Technologies and not just like real property and a new 5:10-5:20 framework must be developed. In BREAK Learn From Water developing that framework, Law policymakers need to look not only 5:20-6:20 around the world, but also to other legal LESSONS FROM WATER LAW Thursday, September 7, 2006, 12:15 to regimes, such as water law. In this ON MANAGING COMMON 7:00 p.m. at the University of Colorado conference, we will set out the cutting POOL RESOURCES AND School of Law. The wireless spectrum is edge perspectives on spectrum policy DEFINING FLUID RIGHTS a vital natural resource. Like sunlight, it reform as well as examine what lessons Ray Gifford, President, Progress & cannot be depleted and is available all water law can offer about restricting how Freedom Foundation around us. The challenge for spectrum is used and how it should (and Gregory Hobbs, Justice, Colorado government policy is to define and should not) be propertized. Registration Supreme Court enforce rules to govern its use. information available at Patrick Ryan, Faculty Director, Historically, those rules have tightly http://www.silicon-flatirons.org. Interdisciplinary Telecommunications prescribed who, how, and for what Program, University of Colorado purpose the wireless spectrum could be Mark Squillace, Professor & Executive used. As such, traditional command- Schedule of Events Director, Natural Resources Law Center, and-control rules limited opportunities University of Colorado for technological change, played 3:00-3:10 favorites among technologies, and WELCOME & OVERVIEW impeded marketplace activity. Phil Weiser, Executive Director, Silicon CONTINUED ON PAGE 10 þ Flatirons Telecommunications Program

FCBA NEWS 9 SEPTEMBER 2006 COMMITTEE AND CHAPTER News

ROCKY MOUNTAIN well as the challenge of selling 4:20-5:30 CONTINUED FROM PAGE 9 consumers on new technologies—is STRATEGIES FOR REMAINING often a brake on innovation. Moreover, INNOVATIVE AND 6:20-7:00 in many cases, firms must negotiate a WELCOMING INNOVATION KEYNOTE ADDRESS set of complex legal and business Tryg Myhren, Former Chairman of Kathleen Abernathy, Former FCC relationships before rolling out new American Television and Commissioner; Partner, Akin Gump products and functionalities. Communications (ATC) The innovations now being developed Steve Halstead, Managing Director, 7:00 for the cable platform, particularly those Centennial Ventures RECEPTION TO FOLLOW using broadband as a facilitator of Rich Grange, CEO, New Global consumer product offerings, are often Telecom REGISTRATION pioneered by upstart firms. The digital Ryan McIntyre, Principal, Mobius Rates are as follows: video recorder (e.g., a Tivo), the remote Venture Capital; co-founder Excite I SFTP supporters; CU viewing device (e.g., a Slingbox), and students/faculty/staff; Members of the Voice over Internet Protocol (VoIP) all 5:30-6:40 press: Free emerged from the efforts of CONTENT IN A DIGITAL AGE I CU alumni; FCBA members; Denver entrepreneurs acting outside of the Decker Anstrom, President and COO of Telecom Professionals: $25 established firms. Consequently, for Landmark Communications, Inc. I Public: $50 established firms, remaining at the Chris Moseley, EVP of Marketing for cutting edge of innovation and being the Hallmark Channel open to adopting the innovations of Evan Shapiro, EVP and GM of IFC October 10th - outside firms will increasingly present (Independent Film Channel) Confronting Cable’s business strategy challenges. Barbara Jaffe, SVP of New Technology for HBO Technological The opportunity to provide content in Frontier new forms and allow users a greater 6:40-7:30 degree of control over their viewing RECEPTION Tuesday, October 10, 2006, 3:00 to 7:30 experience is a byproduct of the digital p.m. at the Cable Center in Denver, CO. age. At the same time, concerns about Over the next 5-10 years, the cable digital piracy threaten to kill the golden November 2nd - industry faces what may well be its most goose. How firms embrace digital Network formidable set of opportunities and technology and provide valuable challenges. The increasing adoption of enhancements to their existing content Convergence digital technologies, and the disruptive as well as develop protections against Thursday, November 2, 2006, 3:00 to set of forces unleashed by the Internet, piracy remains a fundamental question 7:20 p.m. at the University of Colorado will undoubtedly reshape the industry. for network operators and program School of Law. Increasingly, consumers This transformation promises new developers. Registration information will be able to communicate with one product opportunities, ranging from available at http://www.silicon- another and access information across Digital Video Recorders (DVRs), new flatirons.org. networks (wireless, wireless, functionalities such as a “start over” broadband, satellite, etc.) in a seamless service (enabling consumers to restart Schedule of Events manner. According to some programs), and services that integrate technologists, consumers will soon wireless devices into a digital home 3:00-3:10 engage in widespread content and experience (e.g., programming a DVR WELCOME & OVERVIEW service shifting, accessing video from afar). Jana Henthorn, Vice President, programs stored on their digital video Programs and Education, The Cable recorders (DVRs) from their laptops, The exciting opportunities confronting Center receiving emails on their television set, the industry present a series of and programming their DVRs from their technological and business challenges. 3:10-4:20 mobile phones. Firms must consider whether to TECHNOLOGICAL CHANGE embrace a maze of new technologies AND NETWORK INNOVATION To facilitate these and other innovations, that leverage network, hardware, and Dick Green, CEO of Cablelabs technologists are developing a number of software innovations. In practice, the Tom Lookabaugh, CEO of NGNA emerging technologies. These difficulties and expense of upgrading David Ellen, Deputy General Counsel, technologies include the IP Multimedia cable systems and their associated Cablevision Subsystem (IMS) (which supports multi- technologies (i.e., set-top boxes)—as

FCBA NEWS 10 SEPTEMBER 2006 COMMITTEE AND CHAPTER News media applications across networks), 3/Cogent dispute over “peering”—and When VoIP conversations rely on wi-fi multiple-mode phones (such as those that current strategies have failed to networks or TV programs are that allow access to wi-fi networks where develop sustainable approaches. More downloaded from the Internet and then available and cellular networks where generally, many are concerned about transferred to a TV or another device, not), and ancillary terrestrial component whether open standards will enable the effort to translate old rules to new (ATC) systems (which seamlessly consumers to switch between providers technologies is bound to break down. integrate satellite and terrestrial wireless and whether applications will be largely Registration information available at networks). In the midst of these dedicated to certain platforms. Finally, http://www.silicon-flatirons.org. technological changes, there are a some question whether compelling number of questions about whether and applications will be developed at all and how an integrated architecture will whether established firms will welcome Schedule of Events develop. independent firms (think Tivo and SlingMedia). 3:00-3:10 From a business perspective, the onset WELCOME & OVERVIEW of network convergence could create For policymakers, the emerging Phil Weiser, Executive Director, Silicon significant opportunities both for the phenomenon of network convergence Flatirons Program established network providers and promises the death knell to traditional independent applications developers. silo-based regulation. To date, for 3:10-4:10 There are, however, a number of example, legacy approaches continue to THE TECHNOLOGICAL AND challenges in making this vision a follow new technologies—such as the BUSINESS REALITIES OF reality. For starters, many carriers requirement that Voice over IP (VoIP) NETWORK CONVERGENCE complain that the Internet rests on a providers offer E-911 access along the Carlos Kirjner, Partner, McKinsey fragile foundation—recall the Level same lines offered by established firms. Don Kasica, CEO, Boldtech Systems Roger Koenig, Founder and CEO, Carrier Access Congratulations to the Seven Dirty Words Stephen Meer, CTO, Intrado on a great summer season! 4:10-5:10 INTEROPERABILITY, OPEN Congratulations to the FCBA Ultimate Frisbee team Seven Dirty Words for STANDARDS, AND winning their first ever summer League Championship! Way to go, an APPLICATIONS COMPETITION excellent way to finish the 10th year of 7DW play. Our fall season is starting up Kathleen Ham, Vice President, T-Mobile and games will be played on the weekends, so, if you want to come out and toss Blair Levin, Managing Director, Stifel a disc with some of your FCBA colleagues send an email to co-captains Tony Nicholas Lin ([email protected]) or Chris Fedeli ([email protected]). Tom Moore, Founder, WildBlue Tom Wheeler, Partner, Core Capital; former President, CTIA and NCTA

5:10-5:20 BREAK

5:20-6:20 REGULATORY IMPLICATIONS: THE END OF SILOS? Steve Davis, Senior Vice President, Qwest Communications Linda Kinney, Vice President, Law & Regulation, Echostar Jennifer Manner, Vice President, MSV Barry Ohlson, Legal Advisor, Commissioner Jonathan Adelstein Joe Waz, Vice President and Chief Policy Counsel, Comcast

6:20-7:20 RECEPTION

FCBA NEWS 11 SEPTEMBER 2006 FCBA FOUNDATION News

17th Annual Charity Children’s Advocacy Center, STEP/I McKenna’s Wagon Have a Dream, the Spanish Education Auction to Benefit Development Center, the Charitable Seeking Volunteers Fair Chance Coalition for Children with Cancer, and for September 24th Kids Enjoy Exercise Now (“K.E.E.N.”), The Young Lawyers Committee of the which last year received over $77,000 in McKenna’s Wagon is a mobile soup and Federal Communications Bar auction proceeds. sandwich wagon that goes “on location” Association (“FCBA”) and the FCBA to deliver food to the needy. For those Foundation will hold the 17th Annual If you have any questions about who have volunteered, it has been a Charity Auction on Thursday, the auction, please contact wonderful experience and a great way November 16, 2006, at the Marriott at Natalie Roisman, (202) 887-4493, to help the needy in the D.C. Metro Center, 775 12th Street, N.W., [email protected] or Kerry community. Washington, D.C., from 7:00 to 9:30 Loughney, (202) 293-4000, p.m. Admission is free and the event is [email protected]. The Wagon is a white van that is loaded open to the public. up with sandwiches, snacks and soup. We meet at Martha’s Table at 4:45 pm in This year’s auction proceeds will benefit Volunteer Outreach comfortable clothes and shoes. Martha’s Fair Chance. Fair Chance helps keep Table is located in a yellow building at the doors open for critical youth and for Martha’s Table – 2114 Fourteenth Street, NW, in the family organizations in Washington, September 24th District, near the intersection of 14th D.C., impacting over 10,000 local and U Streets. On-street parking is children since 2002. Using an Many of us are stretched for time these available. innovative, one-on-one, long-term days, but why not consider spending a approach to capacity building, Fair few hours on a Sunday to help the Upon arrival we get assignments (some Chance helps promising community- FCBA Foundation’s partner charities? of us will distribute snacks and based youth and family organizations For several years now, the FCBA has sandwiches, others will serve soup), and become stable, effective, and sustainable been providing volunteers to Martha’s put on aprons before we depart in the so that more children have access to Table and McKenna’s Wagon. These van to 5th and New York Ave., NW quality programs that will enable them organizations rely on the good work of (near the new Convention Center). We to follow their dreams. For more our members each month, so grab a are driven by one of our experienced information about this year’s Charity friend, colleague or family member and volunteers and the trip to distribution Auction beneficiary, please visit join your fellow FCBA volunteers! location takes about 10-15 minutes. http://www.fairchancedc.org. Martha’s Table feeds hundreds of We serve about 30-75 people per visit The Charity Auction is one of hungry, homeless adults and children including a few mothers who come for Washington, D.C.’s premier “must- on the streets of Washington daily, food for their families. The area is well attend” events for the communications through its mobile soup kitchen. patrolled by police. The food industry. The event features a live Children and friends are also welcome. distribution is conducted in an efficient, auction, silent auctions, raffles, and We will begin at 10:00 am and work calm and orderly fashion and many of food and drinks. As in the past, prizes until 1:00 pm. Martha’s Table is located the people we serve are quite are expected to include vacation in a yellow building at 2114 Fourteenth appreciative of our efforts. Once we packages, consumer electronics Street, NW, in the District, near the serve all of the food, we do a clean up of products, tickets to various sporting intersection of 14th and U Streets. On- the immediate area. Total time for the events (including Redskins and street parking is available. Volunteers distribution takes about one hour and Nationals games), Verizon Center are asked to bring food if possible, (e.g., we usually return to Martha’s Table by events, theater tickets, dinners, lunches, cold cuts, bread, peanut butter, jelly, or before 6:30 pm. spa packages, and gift certificates from vegetables and potatoes) because the area businesses. If you are interested in center often runs out of donated food. We would love to have you join us on donating a prize, an Auction Donation one of our upcoming food runs which Form is on page 19 of this newsletter. The FCBA volunteers on the last are always on the 4th Sunday of the Sunday of every month, so mark your month. If you are able to volunteer on Over the past 16 years, the Charity calendars now. For more information, September 24th or for a future date, Auction has raised more than $650,000 contact Howard Weiss at 703-812-0471 please contact Marlo Go at for D.C.-based organizations, including — [email protected]. [email protected] or Tom VanWazer at Pediatric AIDS/HIV Care, Inc., the D.C. [email protected].

FCBA NEWS 12 SEPTEMBER 2006 In MEMORIAM

Robert M. Halperin broad spectrum of disciplines. Over the degree, with honors, and a Masters in years, Bob practiced in the firm’s Public Policy from Duke University. His (1954-2006) Antitrust, Government Contracts, and passions outside the law included his Technology, Media and family, wine tasting, singing with the Robert M. Halperin, an FCBA member Telecommunications groups. Among his National Philharmonic Chorale, and with a wide-ranging practice, died of many professional accomplishments, Bob rooting for the Boston Red Sox. leukemia on July 13, 2006. helped secure regulatory approvals for Mr. Halperin is survived by his wife, some of the largest telecommunications Candace, daughters Sarah and Julia, his Bob spent almost all of his professional mergers in U.S. history, including SBC’s father, a sister, and two brothers. The career with the Washington, D.C. law mergers with Pacific Telesis, Ameritech family’s suggestions for memorials firm of Crowell & Moring, starting as a and AT&T. He also provided antitrust include the Leukemia and Lymphoma summer associate in 1979, the very and telecommunications regulatory Society, Georgia Chapter, and the month the firm was founded, and counsel to SBC in proceedings before the National Philharmonic Chorale. In continuing with the firm over the years FCC, state public utilities commissions addition, Crowell & Moring will hold a as an associate and, later, a partner. His and the courts. In addition, Bob long memorial gathering for Mr. Halperin on only separation from the firm occurred represented the State of Alaska on September 20, 2006 at 4:00 in the in the 1980s when he moved for a brief communications issues, and also worked Pavilion Room at the Ronald Reagan period to San Francisco while his wife on significant matters for clients such as Building, 1300 Pennsylvania Avenue, Candace Kaller ran her family-owned Nortel, Health Net, First Data and Avue NW, Washington, DC. Please call John art gallery. Technologies. Bob also served as a Stewart at 202-624-2685 if you plan to highly-respected mentor to many attend. Throughout his long tenure with younger attorneys at the firm. Crowell & Moring, Bob was admired for The FCBA is grateful to John Stewart of his thoughtfulness, creativity and ability Bob graduated with honors from Crowell & Moring for contributing to analyze difficult legal issues across a Harvard University, and received his law information for this article.

Thank you to our Morrison & Foerster LLP Corporation National Association of Broadcasters Cbeyond Communications Fall Reception National Cable and Consumer Electronics Association Telecommunications Association Covington & Burling LLP (as of 8-31-06) Sponsors NetsEdge Consulting, LLC Echostar Satellite LLC NeuStar Fletcher, Heald & Hildreth, P.L.C. GOLD SPONSORS Patton Boggs LLP Garvey Schubert Barer Arnold & Porter LLP pulver.com Goldberg, Godles, Weiner & Wright AT&T Qwest Inmarsat Inc. Bechtel Sidley Austin LLP Iridium Satellite, LLC BellSouth Skadden Arps Slate Meagher Law Office of Michael D. Berg Bingham McCutchen LLP & Flom LLP Lawler, Metzger, Milkman Cingular Wireless Squire, Sanders & Dempsey LLP & Keeney, LLC Cole, Raywid & Braverman, LLP The Barrett Group, Inc. Leventhal Senter & Lerman PLLC Comcast Corporation The Boeing Company Microsoft Corporation CTIA – The Wireless Association United States Telecom Association Miller & Van Eaton, P.L.L.C. Dow Lohnes PLLC VeriSign Mobile Satellite Ventures LP Drinker Biddle & Reath LLP Verizon Motorola Fish & Richardson P.C. Wiley Rein & Fielding LLP Pillsbury Winthrop Shaw Pittman LLP Fleischman and Walsh, LLP Wilkinson Barker Knauer, LLP RJG Law LLC Freedom Technologies Willkie Farr & Gallagher LLP Starz Entertainment Group Harris, Wiltshire & Grannis LLP Wilmer Cutler Pickering Hale and The Helein Law Group, P.C. Hogan & Hartson LLP Dorr LLP The Walt Disney Company IDT Corporation Womble Carlyle Sandridge TIA Kelley Drye & Warren LLP & Rice PLLC T-Mobile USA Latham & Watkins LLP USA Mobility, Inc. Lockheed Martin Corporation SILVER SPONSORS XO Communications Mintz, Levin, Cohn, Ferris, Glovsky & Akin Gump Strauss Hauer & Feld LLP Yahoo-Inc. Popeo, P.C. Alcatel

FCBA NEWS 13 SEPTEMBER 2006 SPECIAL Events

October 24th Other Institute highlights include a Association present: Reception Congressional staff panel, featuring Lisa the 24th Annual Sutherland (R) and James Assey (D) of FCBA Fall Reception the Senate Commerce Committee, and Institute on Colin Crowell (D) of the House Telecommunications with the FCC Bureau Commerce Committee and Tad Furtado, Policy Director, Office of Rep. Policy and Regulation Chiefs to be held on Charles Bass (R);; and three substantive October 24 panels dealing with developments in wireline telephone, wireless Thursday, December 14 The FCBA is pleased to announce its telecommunications, and the annual fall reception with the FCC 9:00 a.m. telecommunications future. The Bureau Chiefs on Tuesday, October 24, WELCOME seminar also will feature tutorials by 6:00-8:00 p.m. The reception will be Jennifer A. Warren, President, Federal Thomas J. Navin, Chief, Wireline held at the J.W. Marriott Hotel, 1331 Communications Bar Association Competition Bureau, Catherine Seidel, Pennsylvania Avenue, N.W., Howard G. Maurer, Program Attorney, Acting Bureau Chief of Wireless Washington, D.C. Practising Law Institute Telecommunications Bureau, and David Clark of the MIT Laboratory for Sponsorships of the event are available 9:15 a.m. Computer Science (on Internet for $500 and $250, and include CONVERSATION Developments). registrations to the reception. Sponsors with Kevin J. Martin, Chairman, will receive recognition in the Federal Communications Commission Additionally, the Institute’s agenda will newsletter and acknowledgement at the Moderator: include a panel discussion on event. Individual tickets to the reception Richard E. Wiley, Wiley Rein & Homeland Security and a debate on may also be purchased. Please use the Fielding LLP “Network Neutrality: What Does It registration form on page 17. Really Mean?”, with Gigi Sohn, 9:45 a.m. President and Co-Founder of Public CONGRESSIONAL PANEL Knowledge, facing off against December 14-15, 1. James M. Assey, Senate Commerce Scott Cleland, Chairman, Committee (D) 2006: 24th Annual NETCompetition.org, and with Diane 2. Colin Crowell, House Commerce Cornell, Vice President, Government Committee (D) Telecommunications Affairs, Inmarsat as moderator. FCBA 3. Tad Furtado, Policy Director, Office President Jennifer Warren will open the Conference of Rep. Charles Bass (R) program, and Kathleen Abernathy, For the 24th consecutive year, the 4. Lisa Sutherland, Senate Commerce Henry Rivera, Clark Wadlow and Dick FCBA and the Practising Law Institute Committee (R) Wiley, of the FCBA’s Conferences will co-sponsor an annual conference FCBA Co-Moderators: Committee, will serve as Institute co- on “Telecommunications Policy and 1. R. Clark Wadlow, Sidley Austin LLP chairs. In addition, a number of Regulation.” This year’s Institute will be 2. Gerard J. Waldron, Covington & Association members will moderate held on December 14-15, at The Burling various program segments. Washington Hilton Hotel.

1 10:45 a.m. A registration form for the 1 /2 day The program will be keynoted by FCC BREAK seminar, which is always very well Chairman Kevin Martin, FCC attended, will be included in the Commissioner Michael Copps will be 11:00 a.m. October newsletter and up on the FCBA the opening speaker on the second day, WIRELINE TUTORIAL website in the near future. As noted, a and new Commissioner Robert Thomas J. Navin, Chief, Wireline registration fee discount is available to McDowell will close the seminar. Competition Bureau, Federal Association members. Additionally, Edward Whitacre, Communications Commission Chairman and Chief Executive Officer Practising Law Institute of AT&T, will appear as the luncheon 11:30 a.m. speaker on December 14, and John in cooperation PANEL #1: DEVELOPMENTS Kneuer, Acting Deputy Assistant IN WIRELINE TELEPHONY Secretary of Commerce for with the Federal FCBA Co-Moderators: Communications and Information Communications Bar 1. Henry M. Rivera, Vinson & Elkins (NTIA), will provide closing remarks. LLP

FCBA NEWS 14 SEPTEMBER 2006 SPECIAL Events

10:30 a.m. 2. Riley K. Temple, Halprin Temple 6. Thomas J. Sugrue, Vice President, T- DEBATE: “NETWORK Panelists: Mobile USA, Inc. NEUTRALITY: WHAT DOES IT 1. Michelle M. Carey, Legal Advisor to REALLY MEAN?” FCC Chairman Kevin Martin 3:30 p.m. Debators: 2. Earl W. Comstock, President & Chief BREAK Scott C. Cleland, Chairman, Executive Office, COMPTEL NETCompetition.org 3. Paul F. Gallant, Senior Media 3:45 p.m. vs. Analyst, Stanford Washington Research TUTORIAL ON INTERNET Gigi B. Sohn, President and Co- Group DEVELOPMENTS Founder, Public Knowledge 4. Robert W. Quinn, Jr., Senior Vice David J. Farber, Distinguished Career Moderator: President, Federal Regulatory, AT&T, Professor of Computer Science and Diane J. Cornell, Vice President, Inc. Public Policy, Carnegie Mellon Government Affairs, Inmarsat Inc. 5. Curtis Stamp, Commissioner, Iowa University Utilities Board 11:15 a.m. 6. Lisa Zaina, Executive Director, 4:30 p.m. PANEL #4: Independent Telephone & CLOSING REMARKS TELECOMMUNICATIONS Telecommunications Alliance (ITTA) John M.R. Kneuer, Deputy Assistant FUTURE Secretary of Commerce for FCBA Co-Moderators: 12:30 p.m. Communications and Information, 1. Michele C. Farquhar, Hogan & LUNCHEON National Telecommunications and Hartson LLP Edward E. Whitacre, Jr., Chairman & Information Administration (NTIA) 2. Richard E. Wiley, Wiley Rein & Chief Executive Officer, AT&T, Inc. Fielding LLP 5:00 p.m. Panelists: 2:00 p.m. ADJOURNMENT 1. Dale N. Hatfield, Director, WIRELESS Interdisciplinary Telecommunications TELECOMMUNICATIONS Program, University of Colorado at TUTORIAL Friday, December 15 Boulder Catherine W. Seidel, Acting Bureau 9:00 a.m. 2. Julius P. Knapp, Deputy Chief, Office Chief, Wireless Telecommunications OPENING REMARKS of Engineering and Technology, Federal Bureau, Federal Communications Michael J. Copps, Commissioner, Communications Commission Commission Federal Communications Commission 3. Blair Levin, Managing Director, Stifel Nicholas 2:30 p.m. 4. Robert M. Pepper, Senior Managing PANEL #2: DEVELOPMENTS 9:30 a.m. Director, Global Advance Technology IN WIRELESS PANEL #3: DEVELOPMENTS IN Policy, Cisco Systems, Inc. TELECOMMUNICATIONS HOMELAND SECURITY 5. William L. Smith, Chief Technology FCBA Co-Moderators: FCBA Moderator: Officer, BellSouth Corporation 1. Kathleen Q. Abernathy, Akin Gump Nancy J. Victory, Wiley Rein & Fielding 6. Alexandra M. Wilson, Vice President, Strauss Hauer & Feld LLP LLP Public Policy, Cox Enterprises, Inc. 2. Karen Brinkmann, Latham & Panelists: Watkins LLP 1. Dr. Peter M. Fonash, Deputy 12:15 p.m. Panelists: Manager, National Communications CLOSING REMARKS 1. William A. Anaya, Director, Telecom System, Department of Homeland Robert M. McDowell, Commissioner, Strategy & Legislative Counsel, Security Federal Communications Commission Motorola, Inc. 2. Robert M. Gurss, Director, Legal & 2. Carolyn W. Brandon, Vice President, Government Affairs, APCO 12:45 p.m. Policy, CTIA–The Wireless Association International ADJOURNMENT 3. Paula Ford, Regulatory Counsel, 3. Kenneth P. Moran, Director, Office of Microsoft Corporation Homeland Security, Federal 4. Aaron N. Goldberger, Legal Advisor Communications Commission to FCC Commissioner Deborah Tate 5. Peter K. Pitsch, Director of 10:15 a.m. Communications Policy, Intel BREAK Corporation

FCBA NEWS 15 SEPTEMBER 2006 FCBA Reception Meet and Greet FCC Commissioners Deborah Taylor Tate and Robert M. McDowell Thursday, September 7, 2006 WASHINGTON HILTON HOTEL, 1919 CONNECTICUT AVENUE, NW, WASHINGTON, D.C. 6:00 TO 8:00 P.M.

PLEASE RESERVE THE FOLLOWING: _____ Gold Sponsorship(s) at $500.00 per sponsorship (includes four tickets to the event, recognition in the newsletter, and acknowledgement at the event) _____ Silver Sponsorship(s) at $250.00 per sponsorship (includes two tickets to the event, recognition in the newsletter, and acknowledgement at the event) _____ FCBA Private Sector Member ticket(s) at $50.00 per ticket _____ Government/Academic/Law Student ticket(s) at $15.00 per ticket _____ Private Sector Non-Member ticket(s) at $100.00 per ticket

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PLEASE SEND THIS FORM AND A CHECK MADE PAYABLE NO TICKETS WILL BE MAILED. TO THE “FCBA” OR FAX TO (202) 293-4317 NO LATER RESERVATIONS WILL BE CONFIRMED THAN TUESDAY, SEPTEMBER 5 TO: AT THE REGISTRATION DESK AT THE RECEPTION. Federal Communications Bar Association 1020 19th Street, N.W., Suite 325 CANCELLATION POLICY: DUE TO THE Washington, D.C. 20036 NATURE OF THIS EVENT, NO REFUNDS Phone: (202) 293-4000 WILL BE GIVEN FOR CANCELLATIONS. Fax: (202) 293-4317 E-mail: [email protected]

FCBA NEWS 16 SEPTEMBER 2006 FALL RECEPTION with the FCC Bureau Chiefs REGISTRATION

Tuesday, October 24, 2006 J.W. MARRIOTT HOTEL, 1331 PENNSYLVANIA AVENUE, NW, WASHINGTON, D.C. 6:00 TO 8:00 P.M.

PLEASE RESERVE THE FOLLOWING: _____ Gold Sponsorship(s) at $500.00 per sponsorship (includes four tickets to the event, recognition in the newsletter, and acknowledgement at the event) _____ Silver Sponsorship(s) at $250.00 per sponsorship (includes two tickets to the event, recognition in the newsletter, and acknowledgement at the event) _____ FCBA Private Sector Member ticket(s) at $50.00 per ticket _____ FCBA Government/Academic/Law Student ticket(s) at $15.00 per ticket _____ Private Sector Non-Member ticket(s) at $100.00 per ticket

Name ______Organization ______Address ______Suite/Room/Apt. ______City/State/Zip______Phone ______Fax______E-mail______

PLEASE LIST NAMES OF ALL ATTENDEES (all guests’ names must be received by mail, fax, or e-mail no later than Thursday, Oct. 19):

______

PAYMENT INFORMATION

$______Total Enclosed I Visa I MasterCard I American Express I Check

Credit card no. ______Exp. date ______

Signature ______

PLEASE SEND THIS FORM AND A CHECK MADE PAYABLE NO TICKETS WILL BE MAILED. TO THE “FCBA” OR FAX TO (202) 293-4317 NO LATER RESERVATIONS WILL BE CONFIRMED THAN THURSDAY, OCTOBER 19 TO: AT THE REGISTRATION DESK AT THE RECEPTION. Federal Communications Bar Association 1020 19th Street, N.W., Suite 325 CANCELLATION POLICY: DUE TO THE Washington, D.C. 20036 NATURE OF THIS EVENT, NO REFUNDS Phone: (202) 293-4000 WILL BE GIVEN FOR CANCELLATIONS. Fax: (202) 293-4317 E-mail: [email protected]

FCBA NEWS 17 SEPTEMBER 2006 COMMITTEE AND CHAPTER Event Form

Name______Organization ______

Address ______Suite/Room/Apt. ______

City/State/Zip ______

Phone______Fax______E-mail______

CHECK THE EVENT(S) FOR WHICH YOU ARE REGISTERING:

I Wednesday, September 13 – CLE on Political I Thursday, September 28 – Wireless Luncheon, Latham & Broadcasting 202, Holland & Knight LLP, 2099 Watkins, 555 Eleventh Street, NW, 10th floor, 12:15 p.m. Pennsylvania Avenue, NW, 6:00 – 8:15 p.m. Cost: $15.00 Cost: $75.00 for Private Sector Members; $50.00 for Registrations and cancellations due by Noon, Tuesday, Government/Academic/Student Members; $125.00 for September 26, 2006. Non-Members Registrations and cancellations due by 5:00 p.m., Monday, I Wednesday, October 11 – CLE on the FCC’s Media September 11, 2006 Ownership Rules Dow Lohnes PLLC, 1200 New Hampshire Avenue, NW, I Wednesday, September 27 – CLE on the “Missoula” Suite 800, 6:00 – 8:15 p.m. Intercarrier Compensation Plan — Pros and Cons, Klein Cost: $75.00 for Private Sector Members; $50.00 for Law Group, PLLC, 901 15th Street, NW, Suite 700, 6:00 – Government/Academic/Student Members; $125.00 for 8:15 p.m. Non-Members Cost: $75.00 for Private Sector Members; $50.00 for Registrations and cancellations due by 5:00 p.m., Monday, Government/Academic/Student Members; $125.00 for October 9, 2006 Non-Members Registrations and cancellations due by 5:00 p.m., Monday, September 25, 2006

$______Total Enclosed I Visa I MasterCard I American Express I Check

Credit card no. ______Exp. date ______Signature ______

PAYMENT MUST BE RECEIVED NO LATER THAN THE DAY OF THE EVENT. PHONE Federal Communications REGISTRATIONS WILL NOT BE ACCEPTED. Bar Association PLEASE FAX THIS FORM TO: Ann Henson, Federal Communications Bar Association, 1020 19th Street, N.W., Suite 325 Fax: (202) 293-4317 Washington, D.C. 20036 CLE CREDIT: FCBA will be requesting accreditation from the State Bars of Virginia and Phone: (202) 293-4000 California for continuing legal education credit. If approved, forms for Virginia and Fax: (202) 293-4317 California will be available at the Seminar Registration Desk. Please note that FCBA E-mail: [email protected] does not obtain CLE credit for other states. The FCBA will, however, assist with applications to other states, but attorneys must apply individually for credit courses and submit any forms and payments necessary directly to the state bar. The number of credits corresponds with the number of hours of course time, i.e., a two-hour seminar equals 2.0 hours of credit.

FCBA NEWS 18 SEPTEMBER 2006 17TH ANNUAL CHARITY AUCTION Donation Form - NOVEMBER 16, 2006

TO DONATE A PRIZE, PLEASE FOLLOW THESE INSTRUCTIONS:

1. Write a letter or certificate on your letterhead which includes a detailed description of the prize and a list of all restrictions (e.g. blackout dates, attendance specifications, etc.), and instructions on how the winner is to receive the prize.

2. Complete a copy of this prize donation form. If donating more than one prize, please submit a donation form for each prize.

3. List the donor (individual and/or company name) as it should appear in the auction prize book.

4. All prizes are valid through November 16, 2007, unless otherwise specified.

Donor (as it should appear in the prize book) ______

Contact Person ______

Address ______

Suite/Room/Apt. ______

City/State/Zip ______

Phone ______Fax ______

E-mail ______

Item(s) Donated (please attach a separate sheet if necessary and be as specific as possible)______

______

______

Donor Estimate of Fair Market Value (required) $______

Acknowledgement should be sent to (name, if different from contact person, and address) ______

______

Donation Obtained By (name of FCBA Member, if applicable)______

PLEASE MAIL OR FAX THIS FORM NO LATER THAN The 17th Annual Charity Auction, benefiting Fair Chance, MONDAY, OCTOBER 30 TO: will be held on Thursday, November 16, at the Marriott at Metro Center beginning at 7:00 p.m. Admission is free. Kerry Loughney Federal Communications Bar Association ALL DONATIONS MUST BE DELIVERED TO THE FCBA OFFICE 1020 19th Street, N.W. NO LATER THAN FRIDAY, NOVEMBER 3. Suite 325 Washington, D.C. 20036-6101 Phone: (202) 293-4000 Prize donations of any value may be “bundled” with other Fax: (202) 293-4317 prizes for the live or silent auction. Prize donations valued at E-mail: [email protected] the sponsorship level of $1500 or greater will receive additional recognition. The Auction Committee may offer any prize donation valued at less than $25 as a raffle prize.

FCBA NEWS 19 SEPTEMBER 2006 In MEMORIAM

Managing Partner of Cohn and Marks DC 20036-1622, by telephone at 202- LLP, know by the close of business on 293-3860, or by email at Leonard H. Marks Monday, September 25, by mail at 1920 [email protected]. Please look N Street, NW, Suite 300, Washington in next month’s newsletter for a full The family of Leonard H. Marks, who died in Washington on August 11, 2006, has scheduled a memorial service for Thursday, September 28, 2006, starting at 4:30 PM. The service will be FCBA Membership Renewal held at the Little Sanctuary at St. Albans The second round of dues invoices for the FCBA’s 2006 fiscal year (July 1, 2006 School, on the grounds of the – June 30, 2007) were mailed in late August. Please note that the deadline was Washington National Cathedral at JULY 31, 2006. Remember to renew your membership as soon as possible, and Massachusetts Avenue and Wisconsin save the Association the expense of mailing reminder notices. Also included is a Avenue, NW. There will be a brief committee and chapter sign-up sheet form. A donation to the FCBA Foundation reception after the service as well. The while renewing your membership is always appreciated. family requests that if you are planning to attend, please let Roy R. Russo,

Calendar September 7 FCBA Fall Reception with Commissioners McDowell and Tate September 7 Silicon Flatirons/Rocky Mountain Chapter Seminar on Wireless Revolutions, Boulder, CO September 8 Legislative Committee Brown Bag Lunch September 13 CLE Seminar on Political Broadcasting 202 September 13 Diversity Committee Brown Bag Lunch September 13 Engineering and Technical Practice Committee Brown Bag Lunch September 14 Transactional Practice Committee Brown Bag Lunch September 15 CLE Committee Brown Bag Lunch September 19 Common Carrier Committee Brown Bag Lunch September 20 Young Lawyers Committee Brown Bag Lunch September 21 Young Lawyers Committee Pre-Charity Auction Happy Hour September 21 Comms Law, Copyright & Digital Rights Management Committee Brown Bag September 24 Volunteer for Martha’s Table and McKenna’s Wagon September 26 FCC Enforcement Committee Brown Bag Lunch September 27 HLS/Emergency Communications Committee Brown Bag September 27 CLE on the “Missoula” Intercarrier Compensation Plan September 28 Wireless Luncheon October 4 Tour of the Montgomery County Public Safety Communications Center October 10 Silicon Flatirons/Rocky Mountain Chapter Seminar on Confronting Cable’s Technological Frontier, Denver, CO October 11 CLE on the FCC’s Media Ownership Rules October 24 FCBA Fall Reception with FCC Bureau Chiefs November 1 Annual Communications Law 101 CLE Seminar November 2 Silicon Flatirons/Rocky Mountain Chapter Seminar on Network Convergence, Boulder, CO November 16 2006 Florida Legislative Update program November 16 17th Annual Charity Auction December 14-15 24th Annual PLI and FCBA Conference

FCBA NEWS 20 SEPTEMBER 2006