November 2007 Seminar NEWS Date/Time: Wednesday, Newsletter of the Federal Communications Bar Association November 7, 6:00

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Index þ Committee and This Month’s Chapter Events PAGE 5 þ Committee and Key Events Chapter News PAGE 6 Transactional Practice þ Job Bank PAGE 20 Committee CLE November 2007 Seminar NEWS Date/Time: Wednesday, Newsletter of the Federal Communications Bar Association November 7, 6:00 – 8:15 p.m. Location: Arnold & Porter LLP, 555 12th Street, NW Topic: Drafting Enforceable 21st Annual Chairman’s Dinner on December 5 Consumer Contracts þ SEE PAGE 4 The 21st Annual FCBA ten at $2,200.00 per table, Chairman’s Dinner honoring $350.00 of which will be 18th Annual Charity FCC Chairman Kevin J. Martin, donated to the Foundation. Last Auction will be held on Wednesday, year, the Sponsors contributed Date/Time: Thursday, December 5, at the Washington more than $36,000 to the November 15, 7:00 – 9:30 p.m. Hilton & Towers, 1919 Location: Marriott at Metro Foundation. This money was Center, 775 12th Street, NW Connecticut Avenue, NW. Don’t used to fund scholarships for þ SEE PAGE 1 miss this premiere, annual FCBA college-bound students from event. area high schools and for Engineering and summer internships for law Technical Practice Individual tickets are priced at students. Sponsors will receive Committee Tour of $185.00 for members, $275.00 Chairman Martin recognition in the FCBA News, XM Satellite Radio for non-members, and $100.00 the dinner program, and a slide Date/Time: Friday, November for government/academic attorneys. Tables show at the event. 16, 1:00 – 2:00 p.m. Location: XM Programming of 10 may be requested for $1,850.00. In Center and Corporate addition, the FCBA is offering an The Chairman’s Dinner sells out each year, Headquarters, 1500 Eckington opportunity for our members to contribute so be sure to make your reservations early. Place, NE to the FCBA Foundation as Sponsors of the Reservations and payment must be received þ SEE PAGE 5 Chairman’s Dinner by purchasing tables of CONTINUED ON PAGE 11 þ FCBA Breakfast Featuring Derek Poarch Date/Time: Tuesday, FCBA 18th Annual FCBA Breakfast November 27, 8:00 a.m. Charity Auction to Featuring Derek Location: Capital Hilton, 1001 16th Street, NW Benefit Kid Power-DC Poarch on þ SEE PAGE 1 November 27 On Thursday, November 15, 2007, the Wireless Practice Young Lawyers Committee and the FCBA Committee Luncheon Derek K. Poarch, Date/Time: Thursday, Foundation will host the 18th Annual Chief of the November 29, 2007, 12:15 p.m. FCBA Charity Auction. The auction will Commission’s Location: Sidley Austin LLP, take place at the Marriott at Metro Center, 1501 K Street, NW Public Safety and 775 12th Street, NW, from 7:00 to 9:30 Topic: The Economics of Homeland p.m. Admission is free and the event is Wireless Net Neutrality and Security Bureau, Open Access open to the public. This year’s celebrity will join FCBA Speakers: TBD auctioneers are: Kathleen Abernathy, Akin þ members for a SEE PAGE 5 Gump Strauss Hauer & Feld LLP; Jane breakfast on Mago, National Association of Tuesday, Broadcasters; Bryan Tramont; Wilkinson Online Event November 27, Barker Knauer, LLP; and Nancy Victory, 2007 at the Wiley Rein LLP. Derek K. Poarch Registration Capital Hilton Hotel, 1001 16th Street, NW. Chief Poarch Now The auction will feature live and silent took over the Bureau just in time to land in auctions, raffles, light hors d’oeuvres and a Available! the middle of some of the FCC’s most chal- þ SEE PAGE 3 cash bar. The various prizes include lenging initiatives, including development fabulous vacation, sports, electronics, and CONTINUED ON PAGE 11 þ CONTINUED ON PAGE 11 þ PRESIDENT’S Message

DEAR MEMBERS: FEDERAL COMMUNICATIONS BAR ASSOCIATION I am delighted to announce that online registration is now st © copyright 2007 available for FCBA events, effective November 1 . This has 1020 19th Street, N.W. been a resource-intensive initiative, but thanks to the extra Suite 325 time and effort of the entire FCBA staff, we’re finally there! I Washington, D.C. 20036-6101 encourage you to try online registration for some of the many Phone: (202) 293-4000 exciting events listed in this newsletter – I think you’ll find it Fax: (202) 293-4317 E-mail: [email protected] user-friendly and fast. Although the new capability has been a Website: http://www.fcba.org challenge to deploy, it will be considerably more efficient for the FCBA staff in the future, freeing up their time for other OFFICERS tasks. It will, in addition, automatically provide members with instant receipts, as Diane J. Cornell well as reminders shortly before the events. We will be continuing to improve this President process as we gain experience, so if you have suggestions to improve the capability Mark D. Schneider please contact Kerry Loughney in the FCBA office. President-Elect Richard S. Whitt In conjunction with this new online registration project, the Privacy and Data Secretary Security Committee has also completely revamped the FCBA’s privacy and data Laura H. Phillips security policies – thanks to S. Jenell Trigg, Lisa Cordell, Ronnie London, Yaron Assistant Secretary Dori and Mark Schneider for their work on this issue. The new policies are avail- Robert L. Pettit able for your review on the FCBA’s website. Treasurer Bryan N. Tramont October was a very busy month, with a number of receptions both in Washington Assistant Treasurer and in the Chapters, including the well-attended annual Fall Bureau and Office EXECUTIVE COMMITTEE Chiefs’ reception. The CLE schedule has been equally active, with four CLEs held John B. Branscome so far and one in the near future, thanks to the cooperative work of the Mass Media, Robert E. Branson Anna M. Gomez Engineering and Technical Practice, Professional Responsibility, Access to Records, Jennifer A. Manner Legislative, Transactional Practice and Continuing Legal Education Committees, as Carol E. Mattey well as the Florida Chapter. Ruth Milkman Lauren M. Van Wazer The highlight of the next month will be the Charity Auction on November 15th, Ryan G. Wallach Jennifer A. Warren with the proceeds benefiting Kid Power-DC, which provides services to underprivi- Kathryn A. Zachem leged elementary school children in the District. The Young Lawyers Committee has been doing a great job collecting donations for this event, and I encourage you CHAPTER REPRESENTATIVES William P. Cox to join them for an evening that is both worthwhile and a lot of fun. We can all be Robert R. Neumann proud of the charitable efforts of the FCBA’s members and the FCBA Foundation. Your generosity – through the Charity Auction, scholarship fundraising, McKenna’s DELEGATE TO THE AMERICAN BAR Wagon and many other activities – makes a real difference in our community. The ASSOCIATION Chairman’s Dinner honoring FCC Chairman Kevin J. Martin on December 5, 2007, Brooks E. Harlow at the Washington Hilton Hotel will be another great opportunity to support the FCBA Foundation’s programs, and in particular its scholarship program. YOUNG LAWYERS REPRESENTATIVE Reservation forms for the dinner are available on page 23 of this newsletter. Natalie Roisman I look forward to seeing you all at the Charity Auction, as well as the many FCBA STAFF Committee and Chapter events scheduled in the upcoming weeks. Executive Director Stanley D. Zenor ([email protected]) Diane J. Cornell Director of Member Services Kerry K. Loughney ([email protected]) Administrative Assistant Wendy Jo Parish ([email protected]) Bookkeeper Ann Henson ([email protected]) Editor – Kerry Loughney Photographer – Mark Van Bergh

Password as of November 10, 2007: 542

FCBA NEWS 2 NOVEMBER 2007 to register. You can also review any events you have previously registered for on the events details page by clicking on the My Transactions tab.

On the Upcoming Events page, click on the event you want to register for. That will take you to the Event Description page that shows details about the event. To register, click on the REGISTER FOR THIS EVENT button at the bottom of the page. On the FCBA Online Store page, verify your membership type in the drop down box at the top of this page and your registration information at the bottom of the page. To continue the registration process, click the ADD TO CART button. The next page will show you what your have registered for, or what is in your shopping cart. You have password when signing in. three options, to UPDATE THE CART, Online Registration to EMPTY THE CART, or CHECK Now Available For You must have an email address in OUT at the bottom of the page. FCBA Events your FCBA membership records to be able to utilize online registration. If You can now register for FCBA events you have not provided an email online! Once you have changed your address to the FCBA, you will be able password, online registration is quick to register for events by completing and easy. After you have registered for the event registration form in the an event, you will receive an email newsletter and mailing or faxing it to confirmation of your registration and a the office. receipt for your payment. After signing in with your initial pass- Before you will be able to register for word, you will be taken to a page to an event online, you will have to change your password. The new password must be at least six (6) charac- To check out, click on the CHECK change your password. To change OUT button. Once you complete the your password, type this web address ters long. After changing your password, you will be taken to the event check out process, indicating your into your web browser and enter: type of payment, you are registered for https://www.netforumondemand.com/ details page on the FCBA website where you can register for events by the event. You will be emailed a con- eWeb/DynamicPage.aspx?Site=fcba& firmation of registration and a receipt. WebCode=LodropginRequired clicking on the Upcoming Events tab on the left hand side of the page. All credit card payments are processed Click on the event and follow the steps through PayPal and done on a secure The system has assigned you an initial web page. The FCBA does not have password that you must change before access to your credit card information you will be able to register for events and does not store this information on online. Your initial password is the web site when you register online. Password1YOURFIRSTINITIALY- OURLASTINITIAL, and is case sensi- Once you have changed your pass- tive and contains no spaces. As an word, when you click on the register example, Louise Smith’s initial pass- here link in the description of any word would be Password1LS. Your event on the web site, you will be password is secure and protected. The taken to the event registration page. If FCBA staff will not have access to your you have any questions or problems, password. If you forget your pass- please contact the FCBA office, 202- word, you will be able to change your 293-4000, for assistance.

FCBA NEWS 3 NOVEMBER 2007 CLE Seminars November 7th, James Reid – Office of Sen. Jay communications law and policy and Rockefeller patent law. The program will start with 6:00 – 8:15 p.m. a “Patent 101” tailored to the Drafting Enforceable Agenda communications lawyer, covering general issues of patentability as they Consumer Contracts 6:00 – 6:05 p.m. relate to communications technology. WELCOME AND For example: How do you get a patent? Presented by the Transactional Practice INTRODUCTION: What standards are used in granting Committee Scott Feira, Arnold & Porter LLP patents and why are these standards Mark Del Bianco, Law Offices of Mark important? How are patents enforced? The Transactional Practice Committee Del Bianco The program will then discuss will be hosting a CLE on Wednesday, Christine Crowe, Wilkinson Barker developments in the law including November 7, 2007 from 6:00 – 8:15 Knauer, LLP issues related to the international p.m. at Arnold & Porter LLP, 555 Neil Dellar, FCC application of U.S. patent law from both Twelfth Street, NW. The topic will be NTP v. RIM case (known as the “Drafting Enforceable Consumer 6:05 – 7:05 p.m. “Blackberry case”) and Microsoft v. Contracts.” The “boilerplate” terms PART 1 AT&T. The program will also include a that communications companies have Mandatory Arbitration discussion of recent Supreme Court and in their consumer contracts are coming Class Action Waivers Federal Circuit cases that may have under increased scrutiny. Both Early Termination Fees significant impact on patent practice regulators and the plaintiffs bar are Surcharges going forward, such as the much questioning such common provisions as Automatic Renewals publicized Medimmune, KSR v. Teleflex, mandatory arbitration clauses, class Modification Procedures and In re Seagate cases. action waivers, early termination fees, surcharges, automatic renewals, and 7:05 – 7:15 p.m. The program will be held at Wiley Rein modification procedures. Controversy BREAK LLP, 1776 K Street NW, Washington, also is stirring about child protection DC. Moderated by CLE Committee co- measures and use restrictions, and claim 7:15 – 8:15 p.m. chair Joshua Turner, the panel will substantiation is a continuing source of PART 2 consist of W. Karl Renner, Fish & litigation. Child Protection Richardson P.C. and Kevin Anderson, Use Restrictions Wiley Rein LLP. To register, go to the Congress is now actively looking at Claim Substantiation FCBA website Calendar of Events or use these issues. The Senate Commerce, the form on page 22 to register. Science and Transportation Committee held hearings on October 17, and two December 13th, bills have been introduced — the Cell Agenda Phone Consumer Empowerment Act of 6:00 – 8:15 p.m. 2007 (S.2033) by Sens. Rockefeller and Enforcement Of U.S. 6:00 – 6:05 p.m. Klobuchar, as well as a second bill Patent Laws: WELCOME AND OPENING (S.2171) by Sen. Pryor. REMARKS International The aim of this seminar will be to Activities, Standards 6:05 – 6:45 p.m. familiarize practitioners with these “hot INTRODUCTION TO PATENT button” topics and offer strategies for For Patentability PRACTICE FOR THE drafting standardized contracts that will COMMUNICATIONS LAWYER pass muster. To register, go to the FCBA And Willfulness 10 Minute Break website Calendar of Events or use the Presented by the CLE Committee form on page 22. 6:55 – 8:05 p.m. ONGOING DEVELOPMENTS IN On Thursday, December 13, 2007 from SPEAKERS: PATENT LAWS 6:00 p.m. – 8:15 p.m. the CLE John M. Beahn – Skadden Arps Slate Committee will present a CLE seminar Meagher & Flom LLP 8:05 – 8:15 p.m. on the enforcement of U.S. patent law to Neal S. Berinhout – AT&T Mobility Q&A SESSION international activities, including a Randall Miller – Arnold & Porter LLP discussion of the intersection of

FCBA NEWS 4 NOVEMBER 2007 COMMITTEE AND CHAPTER Events

Engineering and Technical Speakers: Matt Schruers, CCIA, Michael Wireless Practice Committee Practice Committee Petricone, CEA, Seth Greenstein, ConstantineCannon, Bruce Byrd, AT&T, Gigi Event: Wireless Committee Lunch Event: Tour of XM Satellite Radio Sohn, Public Knowledge, Fritz Attaway, MPAA, Date/Time: Thursday, November 29, 2007, Date/Time: Friday, November 16, and Steve Marks, RIAA 12:15 p.m. 1:00 – 2:00 p.m. To RSVP: FCBA website-Calendar of Events Location: Sidley Austin LLP, 1501 K Street Location: XM Programming Center and N.W. Corporate Headquarters, 1500 Eckington International Committee Topic: The Economics of Wireless Net Place, NE (near the intersection of New York Neutrality and Open Access Ave. and Florida Ave., NE). Nearby street Event: Brown Bag Lunch Speakers: TBD parking is often available, and the facilities are Date/Time: Thursday, December 6, 2007, To register: FCBA website-Calendar of 2 blocks from the New York Ave Metro stop on 12:30 – 2:00 p.m. Events or use the form on page 22. the Redline. Location: Verizon Communications Inc., To register: Use the form on page 22. 1300 I Street, NW, Suite 400 West, 5th Floor Young Lawyers Committee *There is a 20 person attendance limit; Large Conference Room (East and West) registrations will be accepted on a first-come, Topic: Outcome of the 2007 ITU World Radio Event: Annual Charity Auction first-served basis. Conference (WRC). The World Radio Date/Time: Thursday, November 15, 7 p.m.- Conference 2007 will take place October 22 – 9:30 p.m. Intellectual Property Practice November 16 in Geneva, Switzerland. The Location: Marriott at Metro Center, 775 12th Committee WRC will review, and, if necessary, revise the Street, NW radio regulations, the international treaty More Info: Proceeds from this year’s FCBA governing the use of the radio-frequency Event: Brown Bag Lunch Charity Auction will benefit Kid Power-DC, spectrum and the geostationary-satellite and Date/Time: Monday, November 19, 2007, www.kidpowerdc.org, which provides non-geostationary-satellite orbits. Ambassador 12:15 – 1:30 p.m. extracurricular educational and civic Russell and Mr. Beaird will provide an overview Location: Dow Lohnes PLLC, 1200 New instruction to underprivileged elementary of the results of the WRC and the associated Hampshire Ave, NW (Large Conference Room) school students in DC. As in previous years, Radio Assembly. Topic: Copyright Issues at the FCC and the there will be a silent auction, a live auction, and Speakers: Ambassador Richard Russell, US FTC a raffle, with prizes donated from local State Department and White House Office of This brown bag will cover copyright matters businesses and members of the Science and Technology Policy and Richard brought to the attention of federal agencies communications bar. Admission is free and the Beaird, US State Department other than the Copyright Office. For example, event is open to the public—bring your friends For more information: Contact Fiona IP piracy matters have been raised at the FCC and family! Alexander, [email protected]. by NBC in the broadband industry practices Contact: Chris Fedeli ([email protected]) To RSVP: FCBA website-Calendar of Events docket. Public performance issues have been or Tarah Grant ([email protected]). raised by the RIAA in the FCC’s XM-Sirius merger proceeding. And, of course, there have Mass Media Practice Committee Pacific Northwest Chapter been extensive discussions of copyright and audio content protection in the FCC's Digital Event: Brown Bag Lunch Event: Panel session and lunch hosted by Audio Broadcasting proceeding. At the FTC, Date/Time: Tuesday, November 13, 12:00 – Microsoft the Computer and Communications Industry 1:30 p.m. Co-Sponsors: Davis Wright Tremaine, LLP Association ("CCIA") has filed a complaint Location: National Association of and Miller Nash, LLP against several copyright owners regarding Broadcasters, 1771 N Street, NW Date/Time: Friday, November 16, 11:30 a.m. copyright warnings announced on television Topic: Digital Radio – 1:30 p.m. and found in publications. The CCIA alleges Speakers: Join Albert D. Shuldiner, Senior Location: Microsoft Redmond Campus, that these warnings violate the letter and spirit Vice President and General Counsel iBiquity; Building 43 (Adams Room), 15584 NE 31st of the FTC Act's prohibition against unfair or David H. Layer, Director, Advanced Engineering, Street, Redmond, WA 98052 deceptive acts or practices in or affecting National Association of Broadcasters; and Caryn Topic: Changing Channels – a discussion of commerce. This promises to be an intriguing Mathes, General Manager, WAMU(FM) to the business and regulatory issues facing next- discussion. discuss Digital Radio broadcasting. generation video services To RSVP: FCBA website-Calendar of Events More Info: Come hear speakers from companies — including Comcast, Microsoft, Verizon Wireless, and WhitneyandWyatt.com — talk about their video service technologies and services. The event will include product Inviting Members of Congress and demos along with a discussion of the business Congressional Staff to the Chairman’s and regulatory challenges facing these services. Box lunch to be provided. Cost will be $10 per Dinner person. Registrations made after November 12th will be accepted subject to capacity. Pursuant to new ethics policies governing Members of Congress and Contact: For registration, please contact Karen Solomon at [email protected] or Congressional Staff, invitations to attend the Chairman’s Dinner must be issued 425-706-1700. For questions about the event, by the FCBA. Please contact FCBA Executive Director Stan Zenor, if you wish please contact Kevin Minsky, to invite a Member of Congress or a Congressional Staff member to the [email protected] or 425-704-8437. Chairman’s Dinner to have an invitation issued.

FCBA NEWS 5 NOVEMBER 2007 COMMITTEE AND CHAPTER News Charity Auction Committee

It was Potbelly sandwiches and playground games when FCBA Charity Auction Committee Members and Subcommittee Co-chairs met up with the children of Kid Power-DC on Saturday, October 6, 2007 on the National Mall. Christopher Fedeli, Tarah Grant, Megan Anne Stull, Adam Kirschenbaum, Micah Caldwell, Stephanie Podey, and Ron Whitworth picnicked with and demonstrated their athletic prowess to this year’s Charity Auction beneficiary. The results of the L to R: Mentoring panelists Margaret Cummisky, Erwin Krasnow, Barbara Kreisman, and game were unclear, but it was certain Curtis T. White that everyone was a winner! Kid Power-DC is a wonderful local charity educational and civic instruction to that provides extra curricular underprivileged elementary school Diversity and Young students in the District, involving them Lawyers Committees in a range of activities and events aimed at fostering children’s intellectual and MENTORING PANEL A social development. Through their SUCCESS! outstanding programming, Kid Power- DC keeps underserved children on the Attorneys and law students met on path to becoming responsible citizens October 11 at the offices of Wiley Rein who will make a positive contribution LLP for the Diversity and Young to their community. We hope that you Lawyers Committees’ first co-sponsored can help support this impressive event of the year: a panel discussion on organization at the Charity Auction on mentoring. The panel featured November 15! No athletic skills — just Margaret Cummisky of the Senate a willingness to place some bids — Commerce Committee, Erwin Krasnow required. of Garvey Schubert Barer, Barbara Kreisman of the Federal Communications Commission, and Curtis White of the Law Offices of Curtis T. White, P.C. The issues discussed by the panelists included: the benefits of mentoring, how one goes about finding a mentor, frequency and duration of the mentor-mentee relationship, diversity issues, the need for confidentiality and candor in the mentor-mentee relationship, how to give and receive “tough-love” feedback in a positive and constructive way, and how to maintain and nurture the mentor-mentee relationship, among others. The panelists also shared their own mentoring experiences throughout their careers.

FCBA NEWS 6 NOVEMBER 2007 COMMITTEE AND CHAPTER News The event was very well attended and Florida Chapter representatives attended and enjoyed a included junior members of the bar lively discussion of Florida’s new from both government and the private The Florida Chapter presented its 2007 statewide cable franchise law, as well as sector as well as law students from Florida Telecom Legislative Update CLE various hot topics at the FCC. Speakers Georgetown University, George program on September 27, 2007, in included representatives from the Washington University and American Tallahassee at the Brogan Museum. Florida Cable Telecom Association, the University. Both Committees are very Over 30 Florida FCBA members, Florida Department of State, the Florida appreciative of the panelists’ time and communications professionals, and Legislature, the Florida Office of the commitment to educate the junior local and state government Attorney General, Florida State members of the FCBA on the important University, Manatee County, University subject of mentoring. of Florida Public Utility Research Center, Verizon, Abel Band, Chartered, For additional information about the Akerman Senterfitt, Holland & Knight, Diversity Committee, please contact and White and Case. Edgar Class at [email protected], and for additional information about The Florida Chapter is currently the Young Lawyers Committee, please planning two events for the December contact Christopher Fedeli at 2007-January 2008 time frame. The [email protected]. first event will likely be hosted by Abel Band in Sarasota on the present and future of the radio industry, and the Engineering and second will be hosted by White & Case in Miami on the law of the Internet. Technical Practice For more information about the Committee Florida Chapter and its upcoming events or to get more involved with TOUR OF XM SATELLITE Chapter events, contact its co-chairs RADIO ON NOVEMBER 16 Will Cox at [email protected], Beth Keating at [email protected], The Engineering and Technical Practice David Konuch at dkonuch Pat Meehan Committee has arranged for a tour of L to R: Chris McDonald, Comcast with Co-Chair @miami.whitecase.com, or the XM Satellite Radio Programming Beth Keating, Akerman Senterfitt law firm. at [email protected]. Center and Headquarters located in Washington, D.C. on Friday, November 16, from 1:00 p.m. – 2:00 p.m. During the tour, you will have an opportunity to see the XM Satellite Radio operations center, radio studios, and satellite facilities.

There is no registration fee, but there is a 20 person limit for the tour. Registrations will be accepted on a first- come, first-served basis. The XM Programming Center and Corporate Headquarters are located at 1500 Eckington Place, NE (near the intersection of New York Ave. and Florida Ave., NE). Nearby street parking is often available, and the facilities are 2 blocks from the New York Ave Metro stop on the Redline. To register, fax the form on page 22 to 202-293-4317.

L to R: Steve Denman, Abel Band law firm, Co-Chair and moderator David Konuch, White and Case law firm, and speaker Brad Ashwell, Public Interest Research Group.

FCBA NEWS 7 NOVEMBER 2007 COMMITTEE AND CHAPTER News New England Wednesday, November 28, 2007, from evaluating how new technologies can be 3:00 to 7:30 p.m. at the University of adopted to enable first responders to Chapter CO – Denver’s School of Public Affairs. operate more effectively. A starting The communications technology used point for the discussion will be a report The New England Chapter has estab- by public safety constitutes a critical developed by Silicon Flatirons last lished a steering committee to collaborate element of our homeland security spring as a result of a grant from and assist with planning of on-going infrastructure. From the point at which CTIA–The Wireless Association and a chapter programs. The steering commit- a citizen calls 911, much of the ability of Roundtable that brought together tee invitees included: Chapter Co-Chairs first responders to manage an leaders from industry, academia, and the Doug Denny-Brown, Stacey Parker and emergency situation rests on the public safety community. Similarly, the Michele Thomas, as well as, Paul Afonso, effectiveness of their information and conference will evaluate the state of the Jed Nosal, Sandy Callahan, Karlen Reed, communications technology. Whether E-911 system, using as a starting point Rob Munnelly, Greg Keenan, David it involves an awareness of the location the analysis offered by Dale Hatfield in a Bogan, Andy Klein, Professor T. Barton of the 911 caller, the ability of widely praised report commissioned by Carter, Cameron Kerry, Michelle emergency service provider to the FCC. In addition to exploring the Consalvo, Cynthia Larose, Amy communicate during times of crisis, or array of opportunities and challenges Rabinowitz, Commissioner Elia Germani, the ability of different emergency service related to public safety communications Commissioner Anthony Palmerino and agencies to communicate with one (as to both interoperability and the Commissioner Kurt Adams. The steering another, technological failings can lead development of next generation committee met via conference call on to lost lives, lost opportunities, and networks) and the upgrade of the E-911 October 11th and developed initial plans compromised effectiveness for public system, we will also analyze the difficult for a December 2007 program in Boston safety. Despite the well publicized intergovernmental relations issues that the week of December 11th which will be failings during times of crisis (e.g., must be addressed to move forward on a two part program: Part I - Columbine, 9/11, and Hurricane either front. CPNI/Privacy guest speaker; and Part II - Katrina), both state and federal Status of Telecommunications Issues in leadership has often been either lacking Registration information available at New England and nationally. A network- or ineffectual in this area. http://www.silicon-flatirons.org. ing event will follow after the December program. In addition, the steering com- This conference will take a look forward mittee started planning for 2008 pro- at the future of emergency response, grams and has discussed programs including a joint event at the Winter NARUC meeting in Washington, DC in February with the State & Local FCBA Interested in Hosting an FCBA event? Chapter, a program on the Fairpoint regulatory proceedings in New England, an The FCBA greatly appreciates the support of our members’ firms and companies overview of broadband deployment pro- who provide space for our brown bag lunches, committee meetings, and CLE grams in New England, joint program Seminars throughout the year. We are, however, always looking for new with Boston University, a post election locations that can host FCBA events. We will be experimenting with some new overview in November, and others. presentation technology in future CLE seminars, which require more technical support than we have needed in the past.

Rocky Mountain In general terms, we need conference rooms that can seat at least 30 (more if possible) people at tables for brown bag lunches and committee meetings and Chapter conference rooms that can seat a minimum of 60 for CLE seminars. Firms and companies hosting brown bag lunches provide beverages and desserts; firms November 28, 2007 and companies hosting CLE seminars provide beverages and snacks. CLE “Public Safety, New seminars are generally held from 6:00 – 8:30 p.m. Additionally, for CLE seminars we need facilities that can provide technology support for Technologies, and the microphones for as many as six speakers on a panel, the ability to tie the house Future of Emergency sound system into a teleconference bridge, video projection capabilities for PowerPoint presentations, and access to the internet for presentations by Response” speakers. If your firm or company has the needed conference room facilities and capabilities and would be willing to host future FCBA activities, please Co-Sponsored with and at the University email Stan Zenor, [email protected], or Kerry Loughney, [email protected]. of Colorado-Denver’s School of Public Affairs

FCBA NEWS 8 NOVEMBER 2007 COMMITTEE AND CHAPTER News Young Lawyers 4:40 – 4:50 Committee Schedule of Events BREAK 3:00 – 3:10 Fundraiser: FCBA 4:50 – 5:50 WELCOME & OVERVIEW Shirts for Sale! UPGRADING OUR E-911 Kathleen Beatty, Dean, University of INFRASTRUCTURE The Young Lawyers Committee is Colorado-Denver School of Public Stephen Meer, CTO, Intrado selling FCBA polo shirts to benefit Affairs Ray Gifford, Partner, Kamlet, Shepherd the FCBA Foundation. Perfect for Phil Weiser, Executive Director, Silicon & Reichert; former Chairman, Colorado summertime business casual! The Flatirons Program Public Utilities Commission shirts are navy blue and Brad Bernthal, Clinical Professor, embroidered with the FCBA logo in 3:10 – 3:40 University of Colorado School of Law white and amber. Available in TUTORIAL: PUBLIC SAFETY’S women’s sizes S, M, and XL and USE OF COMMUNICATION 5:50 – 6:50 men’s sizes M, L, and XL for $30 TECHNOLOGY OVERCOMING THE CULTURE per shirt; available in men’s XXL for Dale Hatfield, Adjunct Professor, OF SILOS AND FACILITATING $32 per shirt. $16 of the purchase University of Colorado; former Chief INTERGOVERNMENTAL price is deductible as a donation to Engineer, FCC COOPERATION the FCBA Foundation. To place an Paul Teske, Professor of Public Affairs, order, visit www.fcba.org and 3:40 – 4:40 University of Colorado submit the form to the FCBA by fax THE OPPORTUNITIES FOR Meredith A Baker, Deputy Assistant (202-293-4317) or mail (1020 19th INTEROPERABILITY AND A Secretary, NTIA, Department of Street, NW, Suite 325, Washington, NEXT GENERATION NETWORK Commerce DC 20036). For additional Chris Guttman-McGabe, Vice President, Mike Locatis, Chief Information Officer, information, please contact Kerry CTIA - The Wireless Association State of Colorado Loughney (202-293-4000; Tom Guthrie, President & Chief Charles Werner, Chief, NTIA, [email protected]) or Tarah Executive Officer, Twisted Pair Charlottesville Fire Department Grant (703-610-6155; Communications [email protected]). William Pessemier, Executive 6:50 – 7:30 Communications Systems Advisor for RECEPTION the International Association of Fire Chiefs former Incident Commander, Columbine High School, Littleton, Colorado Fire Department

Norman Goldstein Honored by the FCBA

The Executive Committee has adopted a resolution commending Norman Goldstein who retired this year after 35 years with the FCC.

Goldstein was an attorney with the Hearing Division of what is now the Media Bureau. There he represented the government in passing on the qualifications of scores of applicants for broadcast licenses. More recently he was a senior attorney in the Enforcement Bureau.

The resolution expresses the FCBA’s appreciation for his many years of exemplary service to the FCC and the public.

FCBA NEWS 9 NOVEMBER 2007 COMMITTEE AND CHAPTERS in the Spotlight the CU Denver School of Public Affairs Assistant Secretary for the Department Rocky Mountain on Wednesday, November 28th. John of Commerce, will be the keynote Chapter Kneuer, NTIA Administrator and speaker.

The Rocky Mountain Chapter, which is co-chaired by Lori Kalani (Echostar), Phil Weiser (University of Colorado) Save the Date and Adam Peters (Kamlet Shepherd & Reichert), has co-sponsored two events of hosted by the Silicon Flatirons Thursday, November 15, 2007 Telecommunications Program this fall. The first event, “Taking Stock of the for the Antitrust Modernization Commission 18th Annual FCBA Charity Auction Report,” was held on September 5th at the University of Colorado School of Law. The conference evaluated the Proceeds to Benefit judgments of the Antitrust Modernization Commission report, Kid Power-DC examining its basic conclusion that LOCATION: there are no fundamental flaws in Marriott at Metro Center modern antitrust law and practice as 775 12th Street, N.W., Washington, D.C. well as its various suggestions for reform. Gerlad Masoudi, Deputy For questions, contact Chris Fedeli ([email protected]) or Tarah Grant Assistant Attorney General for the ([email protected]). Antitrust Division of the U.S. Department of Justice, was the keynote To sell or purchase raffle tickets, please contact Paige Fronabarger speaker. ([email protected]) or Ron Whitworth ([email protected]) (raffle grand prize: a 46” Sony Bravia™ XBR® LCD flat panel HDTV, The second event, “The Future of User compliments of Sony Electronics Inc.). Generated Content,” was held at The Cable Center in Denver on October To volunteer on the night of the auction, please send an email to 10th. The conference analyzed the [email protected]. growing trends related to user generated content, beginning with the question of Kid Power-DC is a local non-profit organization that is dedicated to providing what new technologies are emerging in-school and after-school enrichment activities for children living in the city’s and how they will transform traditional underserved communities. Its academic, artistic, and civic engagement media and usage patterns. Secondly, it programs focus on fostering intellectual and social development and aim to explored what business models will keep children on the path to becoming responsible citizens who will make a emerge—both for new upstarts and positive contribution to their communities. Kid Power-DC’s programs include established media companies—to turn the Citizenship Project, in which students and their mentors explore local this phenomenon into profitable history and civic themes through literacy-building and service-learning ventures. Finally, it examined the legal activities; the Kids Corps, which enables students to develop and manage social issues that arise in connection with this entrepreneurship projects; and the Creative Communities program, where phenomenon, ranging from intellectual students voice their views on community issues through a variety of visual and property issues to questions of performing art productions. consumer privacy to calls for regulation to protect children and guard against The Auction Committee would like to thank the following sponsors of this year’s defamation in this emerging medium. event! The next Silicon Flatirons/FCBA co- CTIA – The Wireless Association® Morrison & Foerster LLP sponsored event, “Public Safety, New Davis Wright Tremaine LLP Sidley Austin LLP Technologies, and the Future of Fleischman and Harding LLP Trimble Navigation Ltd. Emergency Response,” will be held at Google Inc. Wiley Rein LLP Hogan & Hartson LLP Willkie Farr & Gallagher LLP Lockheed Martin Corporation

FCBA NEWS 10 NOVEMBER 2007 FCBA BREAKFAST sons that has more than a million visi- CHAIRMAN’S DINNER CONTINUED FROM PAGE 1 tors each year. CONTINUED FROM PAGE 1 of a nationwide public safety broad- Chief Poarch is a 1981 graduate of no later than Friday, November 16, band network in the 700 MHz band, Gardner-Webb University with a 2007. Seating is reserved and tickets the 800 MHz rebanding process, Bachelor’s Degree in Social Science with to the dinner will be mailed the upgrades and deployment of E911 capa- a concentration in Criminal Justice, and week of November 28th. Please use bilities, and expansion of emergency a 1988 graduate of the University of the registration form on page 23 to alerts. His experience as a former Public South Carolina with a Master’s Degree order tickets to the dinner. Safety official provides him with a in Criminal Justice. unique perspective on these issues, and Chairman Martin was nominated by on the FCC’s activities in the emergency The breakfast will begin at 8:00 a.m. President George W. Bush to a management, homeland security, and with remarks beginning at 8:30 a.m., Republican seat on the Commission, disaster preparedness areas in general. followed by questions and answers. and was sworn in on July 3, 2001. Registration begins at 7:30 am. To regis- He was designated chairman by Before becoming Chief of the Bureau in ter online, go to the FCBA website or President Bush on March 18, 2005. April 2007, Chief Poarch was Director mail or fax the form on page ___. of Public Safety and Chief of Police at Please join us in welcoming Chief Before joining the FCC, Martin was the University of North Carolina at Poarch on November 27th! a Special Assistant to the President Chapel Hill. He commanded a depart- for Economic Policy. He served on ment of approximately 300 employees the Bush-Cheney Transition Team providing police, security, and emer- and was Deputy General Counsel for gency communications services to a the Bush campaign. Prior to joining university community of 45,000 per- the campaign, Martin was an advisor to FCC Commissioner Harold Furchtgott-Roth. He has also served in the Office of the Independent CHARITY AUCTION THE AUCTION COMMITTEE Counsel and worked as an associate CONTINUED FROM PAGE 1 WOULD LIKE TO THANK THE at the Washington, DC law firm of FOLLOWING AUCTION Wiley, Rein & Fielding. Before restaurant packages. The raffle’s grand SPONSORS: prize will be a spectacular 46” Sony joining Wiley, Rein & Fielding, ® Martin was a judicial clerk for U.S. Bravia™ XBR LCD flat panel HDTV, CTIA – The Wireless Association® compliments of Sony Electronics Inc. District Court Judge William M. Davis Wright Tremaine LLP Hoeveler, Miami, FL. Fleischman and Harding LLP Last year, the Charity Auction raised Google Inc. Martin received a B.A. from the over $86,000 for Fair Chance. This Hogan & Hartson LLP year’s auction proceeds will benefit Kid University of North Carolina at Lockheed Martin Corporation Chapel Hill, a Masters in Public Power-DC, a local organization Morrison & Foerster LLP dedicated to providing in-school and Policy from Duke University, and a Sidley Austin LLP J.D. from Harvard Law School. He is after-school enrichment activities for Trimble Navigation Ltd. children living in the city’s underserved a member of the District of Wiley Rein LLP Columbia Bar and the Federal communities. Its academic, artistic, and Willkie Farr & Gallagher LLP civic engagement programs focus on Communications Bar Association. fostering intellectual and social development and aim to keep children on the path to becoming responsible FCBA Charity students in the District. Volunteering citizens who will make a positive for the auction is a great way to meet contribution to their communities. Auction: Volunteers other FCBA members while Needed! supporting Kid Power-DC, and Please join us on Thursday, November anyone can help out, regardless of experience! To volunteer, send an 15, 2007, for the 18th annual charity The Young Lawyers Committee still email to FCBAAuctionVolunteers auction, which promises to be a great needs many new volunteers to help @gmail.com. The auction will take time and to raise money for a great make this year’s auction the most place at the Marriott at Metro Center, cause! successful one yet! This year’s 775 12th Street, NW, from 7:00 to auction proceeds will benefit Kid 9:30 p.m. Admission is free and the Power-DC, which provides event is open to the public. educational and civic instruction to underserved elementary school

FCBA NEWS 11 NOVEMBER 2007 SPECIAL Events December 5-6, 2007: FCBA President Diane Cornell will FCBA Co-Moderators: open the program, and Kathleen William R. Nordwind, Partner, Venable 25th Annual Abernathy, Clark Wadlow and Dick LLP Telecommunications Wiley, of the FCBA’s Conferences R. Clark Wadlow, Partner, Sidley Austin Committee, will serve as Institute co- LLP Conference chairs. In addition, a number of Association members will moderate 10:45 a.m. On December 5-6, at The Washington various program segments. BREAK Hilton Hotel, the FCBA and the 1 Practising Law Institute will co-sponsor A registration form for the 1 /2 day 11:00 a.m. their 25th annual Institute on seminar, which is always very well WIRELINE TUTORIAL “Telecommunications Policy and attended, is on page ___. As noted, a Dana Schaffer, Chief, Wireline Regulation.” The Conference will be registration fee discount is available to Competition Bureau, Federal highlighted by the appearance of three Association members. Communications Commission FCC members: Chairman Kevin Martin, Commissioner Jonathan Practising Law Institute in cooperation 11:30 a.m. Adelstein, and Commissioner Robert with the Federal Communications Bar PANEL #1: DEVELOPMENTS McDowell. Additionally, Assistant Association present: the 24th Annual IN WIRELINE TELEPHONY Thomas Barnett, Attorney General, Institute on Telecommunications Policy Panelists: Antitrust Division, Department of and Regulation James W. Cicconi, Senior Executive Vice Justice, will be the featured luncheon President, External & Legislative speaker on December 5 and John Affairs, AT&T Kneuer, Assistant Secretary of Wednesday, Scott M. Deutchman, Legal Advisor, Commerce for Communications and Competition and Universal Service, Information (NTIA), will open the December 5, 2007 Office of FCC Commissioner Michael Conference’s second day. 9:00 a.m. Copps Eugene B. Johnson, Chairman and WELCOME Other highlights of the program include Chief Executive Officer, Fairpoint Diane J. Cornell, President, Federal three substantive panels on Communications, Inc. Communications Bar Association developments in, respectively, wireline Anne Boyle, Commissioner, Nebraska Howard G. Maurer, Program Attorney, telephony, wireless telecommunications, Public Service Commission Practising Law Institute and the communications future. In Gigi B. Sohn, President and Co- addition, a Congressional staff panel – Founder, Public Knowledge 9:15 a.m. featuring James Assey (D) and Joseph W. Waz, Jr., Vice President, FCC KEYNOTE: Christine Kurth (R) of the Senate External Affairs & Public Policy COMMISSIONER ROBERT Commerce Committee, and Amy Levine Counsel, Comcast Corporation MCDOWELL (D) and Neil Fried (R) of the House FCBA Co-Moderators: Commerce Committee, will discuss 9:45 a.m. John T. Nakahata, Partner, Harris, legislative matters. The Institute also CONGRESSIONAL STAFF Wiltshire & Grannis LLP will feature tutorials by key FCC Bureau PANEL Henry M. Rivera, Partner, Wiley Rein Chiefs: Dana Shaffer, Wireline Panelists: LLP Competition; Fred Campbell, Wireless James M. Assey, Senate Commerce Telecommunications, and Derek Committee (Majority) 12:30 p.m. Poarch, Homeland Security. Moreover, Neil R. Fried, Chief Counsel for LUNCHEON: Vinton Cerf of Google will provide a Telecommunications and the Internet Thomas O. Barnett, Assistant Attorney tutorial on Internet development. Subcommittee, House Committee on General, Antitrust Division, United Energy and Commerce (Minority) States Department of Justice Once again, the seminar’s agenda will Christine Kurth, Republican Staff include a debate – this year, on “Is the Director & General Counsel, Senate 2:15 p.m. U.S. Competitive on Broadband?”, with Committee on Commerce, Science & WIRELESS TUTORIAL Christopher Murray of Consumers Transportation (Minority) Fred Campbell, Chief, Wireless Bureau, Union, facing off against Scott Wallsten Amy L. Levine, Chief Counsel for Federal Communications Commission of The Progress and Freedom Subcommittee on Telecommunications Foundation, and with Mark Schneider, and the Internet, House Committee on FCBA President-Elect, as moderator. Energy and Commerce (Majority)

FCBA NEWS 12 NOVEMBER 2007 SPECIAL Events

2:45 p.m. 9:30 a.m. 12:00 p.m. PANEL #2: DEVELOPMENTS IN TUTORIAL ON INTERNET CONVERSATION WITH WIRELESS DEVELOPMENT FEDERAL COMMUNICATIONS TELECOMMUNICATIONS Vinton G. Cerf, Vice President & Chief COMMISSION CHAIRMAN Panelists: Internet Evangelist, Google KEVIN J. MARTIN Leo Fitzsimon, Vice President, Moderator: Richard E. Wiley, Managing Government & Industry Affairs, 10:00 a.m. Partner, Wiley Rein LLP NOKIA DEBATE: “IS THE U.S. Robert S. Foosaner, Senior Vice COMPETITIVE IN 12:30 p.m. President Government Affairs & Chief BROADBAND? ADJOURNMENT Regulatory Officer, Sprint-Nextel Christopher L. Murray, Senior Counsel, Corporation Consumers Union Aaron N. Goldberger, Legal Advisor, vs. International Office of FCC Chairman Kevin Martin Scott N. Wallsten, Senior Fellow, Telecommunications Christopher E. Guttman-McCabe, Vice Director of Communications Policy President of Regulatory, Affairs, CTIA- Studies, The Progress & Freedom Practice Committee The Wireless Association Foundation Reception on Tom Sughrue, Vice President, Moderated by Mark D. Schneider, Government Affairs, T-Mobile USA, Inc. Partner, Sidley Austin LLP, FCBA October 10 Jennifer A. Warren, Senior Director of President-Elect Telecommunications, Trade & Regulatory Affairs, Lockheed Martin 10:45 a.m. Corporation BREAK FCBA Co-Moderators: Kathleen Q. Abernathy, Partner, Akin 11:00 a.m. Gump Strauss Hauer & Feld LLP PANEL #3: Lawrence J. Movshin, Partner, TELECOMMUNICATIONS Wilkinson Barker Knauer, LLP FUTURE Panelists: 3:45 p.m. Anoop Gupta, Corporate Vice President, BREAK Education Products & Solutions, Technology Policy and Strategy, 4:00 p.m. Microsoft TUTORIAL ON HOMELAND William E. Kennard, Managing SECURITY Director, Global Telecommunications & On Wednesday, October 10, the Derek Poarch, Chief, Public Safety & Media Group, The Carlyle Group International Telecommunications Homeland Security Bureau, Federal Julius P. Knapp, Chief, Office of Practice Committee held a panel Communications Commission Engineering & Technology, Federal discussion with Telecom Attachés from Communications Commission Ireland, Japan, Sweden, and other 4:30 p.m. Anna-Marie Kovacs, President, Foreign Embassies. The program held at CLOSING REMARKS Regulatory Source Associates the House of Sweden included opening Jonathan S. Adelstein, Commissioner, Blair Levin, Managing Director, Stifel remarks by The Honorable Michael C. Federal Communications Commission Nicolaus & Company, Inc. Copps, Commissioner, Federal Robert M. Pepper, Senior Managing Communications Commission, closing Director, Global Advanced Technology remarks by Ambassador David A. Thursday, December 6, Policy, CISCO Systems, Inc. Gross, U.S. Department of State, U.S. 2007 FCBA Co-Moderators: Coordinator for International 9:00 a.m. Cheryl A. Tritt, Partner, Morrison & Communications and Information Foerster LLP Policy, and a networking reception on OPENING REMARKS Richard E. Wiley, Managing Partner, the rooftop overlooking the Georgetown John M. R. Kneuer, Deputy Assistant Wiley Rein LLP Harbor. Special thanks to Ericsson for Secretary of Commerce for their sponsorship of this event! Communications and Information (NTIA)

FCBA NEWS 13 NOVEMBER 2007 INT’L TELECOMMUNICATIONS Committee Reception

FCBA NEWS 14 NOVEMBER 2007 INT’L TELECOMMUNICATIONS Committee Reception

FCBA NEWS 15 NOVEMBER 2007 FALL Reception Successful FCBA Fall Reception with the FCC and NTIA Bureau and Office Chiefs held on October 25

Approximately 300 FCBA members attended the fall reception on Thursday, October 25, 2007 at the Capital Hilton Hotel where they had the opportunity to meet and greet FCC and NTIA Bureau and Office Chiefs, as well as their senior staff. An enjoyable evening was had by all.

FCBA NEWS 16 NOVEMBER 2007 FALL Reception

FCBA NEWS 17 NOVEMBER 2007 FALL Reception

Nelson Mullins Riley & Scarborough Cisco Special thanks to LLP Dickstein Shapiro LLP our generous Fall News Corporation DIRECTV Patton Boggs LLP Drinker Biddle & Reath LLP Reception Sponsors Paul, Hastings, Janofsky & Walker EchoStar GOLD SPONSORS LLP Ericsson Arnold & Porter LLP Pike & Fischer Leventhal, Senter & Lerman PLLC AT&T Qwest Mehlman Capitol Strategies Inc. Bingham McCutchen LLP Sidley Austin LLP Motorota Dow Lohnes PLLC Squire, Sanders & Dempsey L.L.P. Nokia Fletcher, Heald & Hildreth, PLC United States Telecom Association Satellite Industry Association Garvey Schubert Barer Verizon Sonnenschein Nath & Rosenthal, LLP Goldberg, Godles, Wiener & Wright Viacom Inc. Starz Entertainment, LLC Google Inc. Wiley Rein LLP T-Mobile USA, Inc. Harris, Wiltshire & Grannis LLP Wilkinson Barker Knauer, LLP Telecommunications Industry Hogan & Hartson LLP Willkie Farr & Gallagher LLP Association Inmarsat Inc. Wilmer Cutler Pickering Hale & Dorr XM Satellite Radio Intel Corporation LLP XO Communications Kelley Drye & Warren LLP Ygomi SILVER SPONSORS National Association of Broadcasters Akin Gump Strauss Hauer & Feld LLP NBC Universal, Inc. Alltel Corporation

FCBA NEWS 18 NOVEMBER 2007 FCBA FOUNDATION News Combined Federal days, but why not consider spending a in comfortable clothes and shoes. few hours on a Sunday to help the Martha’s Table is located in a yellow Campaign (CFC) FCBA Foundation’s partner charities? building at 2114 Fourteenth Street, NW, For several years now, the FCBA has in the District, near the intersection of The FCBA Foundation is proud to been providing volunteers to Martha’s 14th and U Streets. On-street parking is participate in this year’s Combined Table and McKenna’s Wagon. These available. Federal Campaign for the National organizations rely on the good work of Capitol Area. Federal employees in the our members each month, so grab a Upon arrival we get assignments (some nation’s capitol can now make regular friend, colleague or family member and of us will distribute snacks and tax-deductible contributions to the join your fellow FCBA volunteers! As sandwiches, others will serve soup), and FCBA Foundation through the we approach the holiday season, the put on aprons before we depart in the Combined Federal Campaign, providing need for volunteers to feed the homeless van to 5th and New York Ave., NW funds to support and help expand the becomes even more pressing. This is (near the new Convention Center). We Foundation’s vital charitable work. especially true this month as many are driven by one of our experienced FCBA members will be traveling on volunteers and the trip to distribution To make a pledge to the FCBA November 25th - the Sunday after location takes about 10-15 minutes. Foundation, donors should use the Thanksgiving. FCBA Foundation’s CFC code number We serve about 30-75 people per visit (#31092) on their pledge cards. Pledge Martha’s Table feeds hundreds of including a few mothers who come for cards can be obtained from your agency’s hungry, homeless adults and children food for their families. The area is well CFC campaign staff. Pledge cards can on the streets of Washington daily, patrolled by police. The food also be completed and printed out online through its mobile soup kitchen. distribution is conducted in an efficient, through the CFC website at Children and friends are also welcome. calm and orderly fashion and many of www.cfcnca.org. On the website, click We will begin at 10:00 am and work the people we serve are quite “Giving” and “About CFC-e” for more until 1:00 pm. Martha’s Table is located appreciative of our efforts. Once we information. in a yellow building at 2114 Fourteenth serve all of the food, we do a clean up of Street, NW, in the District, near the the immediate area. Total time for the Your donations will support the intersection of 14th and U Streets. On- distribution takes about one hour and valuable work performed by the FCBA street parking is available. Volunteers we usually return to Martha’s Table by Foundation. Last year, the Foundation’s are asked to bring food if possible, (e.g., or before 6:30 p.m. work included: cold cuts, bread, peanut butter, jelly, vegetables and potatoes) because the We would love to have you join us on I Awarding 22 college scholarships to center often runs out of donated food. one of our upcoming food runs which D.C. public high school students are always on the 4th Sunday of the totaling over $150,000 The FCBA volunteers on the last month. If you are able to volunteer on I Awarding stipends to five law school Sunday of every month, so mark your November 25th or for a future date, students for unpaid government calendars now. For more information, please contact Marlo Go at summer internships contact Howard Weiss at 703-812-0471 [email protected] or Tom VanWazer at I Sponsoring numerous volunteer — [email protected]. [email protected]. events for FCBA members, including making meals for the homeless at McKenna’s Wagon is a mobile soup and Martha’s Table and delivering meals sandwich wagon that goes “on location” to the homeless through McKenna’s to deliver food to the needy. For those 12th Annual FCBA Wagon each month who have volunteered, it has been a Golf Tournament I Co-Sponsoring the 2006 Charity wonderful experience and a great way Auction for the Fair Chance which to help the needy in the D.C. Planning is now underway for the raised over $86,000 community. This is an especially good 12th Annual FCBA Robert E. Lee experience for the teens and pre-teens Charity Golf Tournament to benefit among us who do not have a full the FCBA Foundation. Any Volunteer Outreach appreciation of the many privileges they members interested in joining the for Martha’s Table & enjoy. Community service credits are Golf Committee to help pull also available. together next June’s event McKenna’s Wagon – should contact Committee November 25th The Wagon is a white van that is loaded Chair Glenn Reynolds at up with sandwiches, snacks and soup. [email protected]. Many of us are stretched for time these We meet at Martha’s Table at 4:45 p.m.

FCBA NEWS 19 NOVEMBER 2007 JOB Bank

11.07.2 telecommunications field, this job may be right TO RESPOND TO JOB BANK Manager, Regulatory Affairs – Regulatory for you! No prior experience in LISTINGS Intelligence (70%) -Conduct research and draft telecommunications is required. reports/memos/benchmarks on general or If the employer is listed, send the information specific regulatory and policy issues regarding In this position, you will work directly with requested directly to the employer. If you are the North American telecommunications senior company business and legal responding to a BLIND BOX listing, send ONE market. - Interact with the FCC, legislative professionals on a variety of transactional, COPY of the information requested to Kerry staff, external companies (both small and large) regulatory, and other related issues that affect Loughney, Federal Communications Bar and industry groups. - Identify important news our growing business. You will have the Association, 1020 19th Street, NW, Suite 325, and report back to the relevant persons within opportunity to participate in and learn all areas Washington, DC 20036-6101, or EMAIL it to FT along with a comprehensive analysis. Act of responsibility covered by the members of our [email protected]. Please clearly indicate the as an interface of the FT Group in North approximately 10-person group, and to develop Blind Box number to which you are America (15%) - Develop, network and greater expertise and responsibility in those responding. If you are applying to a Blind Box, maintain relationships with members of the areas in which you are best suited and most you may enclose a separate note to the FCBA FCC, the legislative branch, telecom interested. specifying any organization to which you do associations and industry representatives. - not wish your application to be forwarded. Participate in NA telecom industry The only qualifications we require are excellent Responses to Blind Box listings can be accepted regulatory/policy events, attend conference research, writing and data analysis skills; only from FCBA members. and/or organize meetings with NA players. attention to detail and strong organizational Contribute to other FTNA deliverables (15 %) - skills; ability to handle multiple projects TO LIST A JOB Contribute to event-specific deliverables that simultaneously; strong interpersonal skills and are of interest for FTNA’s business development an ability to work well in a small office Complete a Job Bank Form and send or fax the team and the FT group (acta as virtual member environment; and extensive Microsoft Office Form and the appropriate payment to Kerry of their Strategy & Players team) Minimum Job experience. Loughney, Federal Communications Bar Requirements - Bachelors degree from Please note that this is a BLIND BOX ad; see Association, 1020 19th Street, NW, Suite 325, accredited university, business or economics instructions above. Washington, DC 20036-6101. In addition, background preferred; Graduate degree, please email the text of the ad to including JD, helpful but not required. - 2 to 4 11.07.4 [email protected]. Listings and payment received years experience in regulatory and policy affairs Telecommunications Paralegal Contractor - by the 15th day of each month will appear in position or comparable analytical position; Telecommute from home with a flexible work the next month’s newsletter. If possible, ads telecom regulatory knowledge preferred. - Basic schedule. Ten-attorney firm has an immediate should not exceed 75 words. Please call the understanding of telecom technologies, interest opening for a telecommunications paralegal or FCBA, (202) 293-4000, for a Job Bank Form. in innovation. - Strong communication skills in legal professional. The ideal candidate will have (No headhunters please). English both spoken and written; French solid working knowledge of FCC and research proficiency helpful but not required. Please databases. Qualified candidate must be highly LAW FIRM / CORPORATE email resume, writing sample and salary motivated with the ability to work requirements to Yolanda Hurtado at independently and as part of a team. Excellent 11.07.1 [email protected]. research, written, and oral communication Intern - Clearwire is looking for a part-time skills are essential. Prior experience in the paid intern for its External/Regulatory Affairs 11.07.3 wireless or wireline areas is desirable. group in its Washington, DC-based office. We Spectrum/Regulatory Analyst – We are an Responsibilities include monitoring, reporting, will be flexible to accommodate classroom and exciting facilities-based wireless broadband and summarizing daily regulatory activity, other academic requirements and can assist in company looking to add a drafting client memoranda, researching statues, your ability to obtain academic credit if Spectrum/Regulatory Analyst to our regulations and telecom cases. The paralegal desirable. Our intern will work with the Washington, DC-based team. If you are, or serves as a key member of the regulatory attorneys and business professionals know, an energetic, eager-to-learn recent telecommunications team. To apply, please in our small but dynamic office facilitating college grad, paraprofessional or other send cover letter, resume, and two analytical Clearwire’s provision of wireless broadband individual interested in the writing samples to [email protected]. services. With our guidance, the intern will assist in research and filing; regulatory and spectrum support and analysis, and general office administration to support the other members of the DC office. No experience in What’s the Password? telecommunications or wireless broadband is necessary, although an interest in such areas Many of you have noticed that while trying to log into the FCBA’s Online would be helpful. The only requirements are Membership Directory: http://www.fcba.org/directory_login.shtml, that a Microsoft Office experience; the ability to communicate effectively; strong organizational password is required. The password can be located every month on page two of skill; attention to detail and follow-up; strong the FCBA News, and will appear at the bottom of the masthead. The masthead is interpersonal skills and an ability to assimilate the box containing the list of the FCBA’s Executive Committee members. The into our small office environment. Please send password changes on the 10th of every month. resume to [email protected].

FCBA NEWS 20 NOVEMBER 2007 In MEMORIAM Jack William Whitley Telecommunications Industry WESN, which is still on the air today. Association during the introduction of He also earned an MA degree in Mass (1953-2007) second generation wireless. Communications from Illinois State University, an LLB from Drake Jack Whitley, a past chair of the A native of Illinois, Jack always wanted University Law School, and an LLM in Chicago Chapter of the Federal to return and practice in his home state. Taxation from Georgetown University Communications Bar Association, At the beginning of the birth of the Law Center. passed away peacefully on June 26 at commercial Internet in the 1990’s, he age 54 after a long battle with colon returned to Illinois where he worked at Jack is survived by his wife of 22 years, cancer. various times for U.S. Cellular, Aerial Sydney (Parker) Whitley of Kildeer, Communications, Northpoint Illinois, and his two children Leila Ann Jack began his telecommunications Communications, AT&T, and Motorola. and Allison. Jack’s family has career at the Federal Communications established the Jack W. Whitley Commission in the Mass Media Bureau. In addition to his legal career, Jack was a Endowed Scholarship Fund in his He worked with Roy Stewart in the broadcast entrepreneur. In 1985, he memory. The Fund will assist students early 1980’s on broadcast renewals and founded STARadio with the purchase of involved with the campus radio station transfers in the comparative hearing era. an AM/FM combo in Portsmouth, Ohio. at Illinois Wesleyan University. STARadio owned 17 stations at the peak Donations can be made to the Fund in Jack left the FCC in the mid-1980’s to of its operation. It presently owns and care of the University at 1312 Park pursue private practice at several operates stations in Kankakee and Street, Bloomington, IL 61702, or Washington, D.C., law firms including Quincy, Illinois, and Hannibal, online by accessing the website at Blum, Nash and Railsback; Baker and Missouri. http://www.titanpride.org/supportiwu. Hostetler; and Gurman, Kurtis, Blask and Friedman. In 1990, he left private A native of Joliet, IL, Jack attended The FCBA acknowledges with appreciation practice to become the Director of Illinois Wesleyan University where he the contribution of Gregg P. Skall to the Regulatory Affairs at the Cellular founded the campus radio station, content of the foregoing memorial.

October 2nd Luncheon Featuring a Private Equity Panel consisting of William Kennard, Julie Richardson, Jamie Rubin, and Tom Wheeler

FCBA NEWS 21 NOVEMBER 2007

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, November 7, 6:00 – 8:15 p.m. – CLE on I Thursday, November 29, 12:15 p.m. - Wireless Lunch on Drafting Consumer Contracts, Arnold & Porter LLP, 555 The Economics of Wireless Net Neutrality and Open Twelfth Street, NW Access, Sidley Austin LLP, 1501 K Street, NW Cost: $85.00 for Private Sector Members; $50.00 for Cost: $15.00 Government/Academic/Student Members; $25.00 for Registrations and cancellations due by Noon, Tuesday, Government/Academic/Student Members 5 years or less November 27, 2007 out of school; $135.00 for Non-Members Registrations and cancellations due by 5:00 p.m., Monday, I Thursday, December 13, 6:00 – 8:15 p.m. – CLE on November 5, 2007 Enforcement of U.S. Patent Laws: International Activities, Standards for Patentability and Willfulness, I Friday, November 16, 1:00 – 2:00 p.m. – Tour of XM Arnold & Porter LLP, 555 Twelfth Street, NW Satellite Radio Programming Center and Headquarters, Cost: $85.00 for Private Sector Members; $50.00 for 1500 Eckington Place, NE Government/Academic/Student Members; $25.00 for *There is no registration fee, but there is a 20 person limit for Government/Academic/Student Members 5 years or less the tour. Registrations will be accepted on a first-come, first- out of school; $135.00 for Non-Members served basis. Registrations and cancellations due by 5:00 p.m., Tuesday, December 11, 2007 I Tuesday, November 27, 8:00 a.m. – FCBA Breakfast with Derek Poarch, Capital Hilton, 1001 16th Street, NW Cost: $40.00 for Private Sector Members; $30.00 for Government/Academic/Student Members; $55.00 for Non-Members. Tables of 10 available for $400.00. Registrations and cancellations due by Noon, Wednesday, November 21, 2007

$______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 FCBA will, however, assist with applications to other states, but THE EVENT. PHONE REGISTRATIONS WILL NOT BE ACCEPTED. attorneys must apply individually for credit courses and submit any forms and payments necessary directly to the state bar. The PLEASE FAX THIS FORM TO: Ann Henson, Federal number of credits corresponds with the number of hours of Communications Bar Association, Fax: (202) 293-4317 course time, i.e., a two-hour seminar equals 2.0 hours of credit. CLE CREDIT: FCBA will be requesting accreditation from the State Bars of Virginia and California for continuing legal Federal Communications Bar Association education credit. If approved, forms for Virginia and California 1020 19th Street, N.W., Suite 325, Washington, D.C. 20036 will be available at the Seminar Registration Desk. Please note Phone: (202) 293-4000 • Fax: (202) 293-4317 that FCBA does not obtain CLE credit for other states. The E-mail: [email protected]

FCBA NEWS 22 NOVEMBER 2007 21ST ANNUAL FCC CHAIRMAN’S DINNER Registration Wednesday, December 5, 2007

HILTON WASHINGTON & TOWERS RECEPTION - 6:00 P.M. - EXHIBIT HALL 1919 CONNECTICUT AVENUE, NW DINNER - 7:30 P.M. - INTERNATIONAL BALLROOM

FCBA FOUNDATION SPONSOR:* PURCHASE OF TABLE: ____ table(s) (ten guests per table) at $2,200.00 per table or ____ table(s) (ten guests per table) at $1,850.00 per table

* The FCBA Foundation is a charitable organization qualified under §501(c)(3) of the Internal Revenue Code. Contributions to the FCBA Foundation are tax deductible in the amount of $350 for each Sponsor Table. Tax ID # 51-0334407

INDIVIDUAL TICKETS: ____ FCBA Private Sector Member ticket(s) at $185.00 each ____ FCBA Government/Academic/Law Student Member ticket(s) at $100.00 each ____ Non-Member ticket(s) at $275.00 each

Name______Organization ______Address ______Suite/Room/Apt. ______City/State/Zip ______Phone______Fax ______E-mail ______

$______Total Enclosed I Visa I MasterCard I American Express Credit card no.______Exp. date ______Signature ______

PLEASE SEND THIS FORM AND A CHECK MADE PAYABLE TO PLEASE NOTE THAT SEATING IS RESERVED AND TICKETS THE “FCBA” NO LATER THAN FRIDAY, NOVEMBER 16 TO: WILL BE MAILED TO THE PERSON INDICATED ABOVE AT THE BEGINNING OF DECEMBER. Federal Communications Bar Association Chairman’s Dinner Cancellation Policy: Cancellations will be accepted and fees 1020 19th Street, N.W. refunded if notice is received in writing no later than Friday, Suite 325 November 16, 2007. No refunds will be granted after this time. Washington, D.C. 20036-6101 BUSINESS ATTIRE Phone: (202) 293-4000 Fax: (202) 293-4317 E-mail: [email protected] Pursuant to the Office of Government Ethics regulation on widely-attended gatherings (5 C.F.R. §2635.204(g)(2)), the Chairman’s Dinner appears to qualify as a widely attended gathering. The value of an individual ticket to the dinner is $185.00. In most cases, individuals and organizations may issue invitations to the Chairman’s Dinner directly to federal employees without the involvement of the FCBA. Some agencies and branches of the Federal Government do, however, apply additional stipulations above the regulation issued by the Office of Government Ethics. Invitations to Members of Congress and to Congressional staff must be issued by the FCBA. Contact the FCBA for additional information.

While this event has been cleared by the Office of the General Counsel in previous years, each FCC employee is required to obtain individual ethics clearance based on matters they are working on within the Commission.

FCBA NEWS 23 NOVEMBER 2007 25th Annual TELECOMMUNICATIONS POLICY and REGULATION CONFERENCE REGISTRATION

CO-SPONSORED BY THE FCBA AND THE PRACTISING LAW INSTITUTE Wednesday, December 5 and Thursday, December 6, 2007

THE WASHINGTON HILTON, 1919 CONNECTICUT AVENUE, N.W., WASHINGTON, D.C.

Name______

Organization ______

Address ______

Suite/Room/Apt. ______

City/State/Zip ______

Phone______Fax ______E-mail ______

______I am a member of the FCBA and/or PLI (Registration Fee is $1,255.50)

______I am not a member of the FCBA or PLI (Registration Fee is $1,395.00)

______I wish to obtain state bar CLE credit for this program from ______(name of state)

Four ways to register: MAIL THIS FORM AND A CHECK MADE PAYABLE TO THE “PRACTISING LAW INSTITUTE” TO: Practising Law Institute 810 7th Avenue New York, NY 10019

PHONE: FAX: WEB SITE: REGISTRATION DESK AT PROGRAM: (800) 260-4PLI (800) 321-0093 http://www.pli.edu (202) 483-3000

FCC STAFF: receive a full scholarship to the Telecommunications program. Each attendee must enclose a $25 application fee, payable to PLI, to receive the scholarship. The requests for scholarships should be sent to Scholarship Committeee, PLI, 810 Seventh Avenue, New York, NY 10019 (fax: 212-824-5871)

PLI’S SCHOLARSHIP/FINANCIAL HARDSHIP POLICY: Full and partial scholarships to attend programs are available to judges, judicial law clerks, law professors, attorneys 65 and older, law students, pro bono attorneys, librarians and paralegals who work for non profit organizations, legal services organizations or government agencies, unemployed attorneys and others with financial hardships. To apply, send your request on your employer’s letterhead, stating the reason for your interest, along with the completed registration form on this brochure, to the PLI Scholarship Committee. All applications must be accompanied by a $25 non-refundable application fee (applicants may pay by check or credit card) and must be submitted four weeks before the date of the program. Students must submit a copy of their student ID card.

FCBA NEWS 24 NOVEMBER 2007 2007 FCBA MEMBERSHIP DIRECTORY Order Form

Copies of the 2007 FCBA Membership Directory are available for purchase at a cost of $55.00 for FCBA Members, $30.00 for Law Student Members, and $110.00 for Non-Members and in accordance with the terms set forth on this form. There is a 10% discount for orders of 10 or more Directories. (Please add 5.75% sales tax for orders sent to D.C. addresses).

Please note that the Directory is available solely for the personal and professional use of FCBA members and other purchasers of the Directory. All uses for commercial purposes are prohibited without prior written approval of the FCBA’s Executive Director. By purchasing the Directory and signing below, purchaser agrees that they will not, and will not knowingly authorize or permit others to, duplicate, reproduce or copy the information printed in the Directory without the express written consent of the Association.

Please send me ______copy(ies) of the 2007 FCBA Membership Directory.

Signature (required)______Name ______Organization______Address ______Suite/Room/Apt. ______City/State/Zip ______Phone ______Fax ______E-mail ______

$______Total Enclosed (Please add 5.75% Sales Tax for orders sent to D.C. addresses)

I Check Enclosed I Visa I MasterCard I American Express Credit card no. ______Exp. date ______

Signature ______

Please make check payable to “FCBA”

PLEASE SEND OR FAX THIS FORM TO: Ann Henson Federal Communications Bar Association 1020 19th Street, N.W. Suite 325 Washington, D.C. 20036 Phone: (202) 293-4000 Fax: (202) 293-4317 E-mail: [email protected]

The FCBA membership list also is available at a cost to FCBA members of $400.00 for the first order and $700 for each additional order (per calendar year), and $700.00 for non-members per order. Please call the FCBA office, (202) 293-4000, for further details.

FCBA NEWS 25 NOVEMBER 2007 THE 2ND ANNUAL ABA/FCBA PRIVACY & DATA SECURITY FOR COMMUNICATIONS AND MEDIA COMPANIES CLE – Now Available If you missed this Seminar, buy it now!

This seminar focuses on the practical implementation of various domestic state and federal laws and regulations that impact the business operations, regulatory compliance, advertising, sales and marketing efforts of communications and media companies. It also provides a brief overview of international requirements for foreign operations of U.S. companies, including the transfer and processing of personal information from employees and citizens to the U.S. from foreign countries.

SESSION I - PRIVACY & DATA SECURITY 101

SESSION II - PRIVACY & DATA SECURITY ISSUES RELATED TO ADVERTISING, MARKETING & SALES

SESSION III - PRIVACY & DATA SECURITY ISSUES RELATED TO OPERATIONS AND EMPLOYEES

Cost: $175.00 for ABA Communications Law Forum or FCBA Members $100.00 for Government & Student Members of Either Organization $300.00 for Non-Members (Please add 5.75% sales tax for orders sent to D.C. addresses)

Name(s) ______Organization______Address ______Suite/Room/Apt. ______City/State/Zip ______Phone ______Fax ______E-mail ______

$______Total Enclosed I Visa I MasterCard I American Express (Please add 5.75% sales tax for orders sent to D.C. addresses) Credit card no. ______Exp. date ______Signature ______

Please make check payable to “FCBA”

PLEASE SEND OR FAX THIS FORM TO: Ann Henson Federal Communications Bar Association 1020 19th Street, NW, Suite 325 Washington, DC 20036 Phone: 202-293-4000 Fax: 202-293-4317 E-mail: [email protected]

FCBA NEWS 26 NOVEMBER 2007 Calendar November 7 CLE Seminar on Drafting Consumer Contracts presented by the Transactional Practice Committee November 13 Chapter Co-Chair Monthly Call November 13 Mass Media Practice Committee Brown Bag Lunch November 13 Foundation Board Meeting November 15 18th Annual Charity Auction November 16 Engineering and Technical Practice Committee Tour of XM Satellite Radio November 16 Pacific Northwest Chapter Panel Session and Lunch November 19 Intellectual Property Practice Committee Brown Bag Lunch November 20 Executive Committee Meeting November 27 FCBA Breakfast featuring Derek Poarch November 29 Wireless Practice Committee Luncheon November 28 Silicon Flatirons/Rocky Mountain Chapter Seminar on Public Safety, New Technologies, and the Future of Emergency Response December 5 21st Annual Chairman’s Dinner December 5-6 25th Annual PLI and FCBA Conference December 6 International Telecommunications Practice Committee Brown Bag Lunch December 13 CLE Seminar on Enforcement of U.S. Patent Laws: International Activities, Standards for Patentability and Willfulness

FEDERAL COMMUNICATIONS BAR ASSOCIATION 1020 19th Street, N.W. Suite 325 Washington, D.C. 20036

FCBA NEWS 27 NOVEMBER 2007