1936-2006 70 TH
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1936-2006 This Month’s th Key Events ANNIVERSARY 70 Wireless Luncheon Celebrating 70 years of service Date/Time: Friday, January 6, Noon NEWS January 2006 Location: Sidley Austin, 1501 K Street, 6th Floor Newsletter of the Federal Communications Bar Association Topic: A debate over municipal WiFi networks þ SEE PAGE 11
Transactional Brown Bag Date/Time: Wednesday, January 11, 12:15 p.m. Location: Drinker Biddle & Reath, 1500 K Street, NW, Suite 1100 Topic: Implications of recent Media Bureau decisions William Kennard Michael Powell James Quello Alfred Sikes Richard Wiley þ SEE PAGE 11
Legislation/IP-Based “Looking Forward, Looking Back” Luncheon to Brown Bag be held on January 20 Date/Time: Friday, January 13, 12:15 p.m. Location: Verizon Wireless, On Friday, January 20, the FCBA will Commission, and our bar association, under 1300 Eye Street launch its celebration of 70 years of service the theme “Looking Forward, Looking Back.” Topic: Legislative Reform by presenting a luncheon panel featuring The event, moderated by former FCBA Affecting IP-Based Services former FCC Chairmen William Kennard, President Jonathan Blake (1984-85) and þ SEE PAGE 11 Michael Powell, James Quello, Alfred Sikes, current President Michele Farquhar, will be and Richard Wiley. The former Chairmen held at the J.W. Marriott Hotel, 1331 Cable Brown Bag Date/Time: Tuesday, will discuss their perspectives on the Pennsylvania Avenue, NW. Registration January 17, 12:15 p.m. evolution of the communications industry, the information is on page 20. Location: Willkie Farr & Gallagher, 1875 K Street Topic: The Top Ten Technological Trends CLE Tele-Seminar: 2005 FCC Chairman’s Everybody Should Know About Antitrust in the Dinner þ SEE PAGE 11
Broadband The 19th Annual FCC Chairman’s Dinner Common Carrier Communications on December 8th, was Chairman Martin’s Brown Bag first and the largest ever. Following the Date/Time: Tuesday, World after Trinko reception, which was held in a new and January 24, 12:15 p.m. Location: Hogan & Hartson, more spacious location within the hotel this Date: Thursday, January 26, 2006 555 13th Street year and the dinner, FCBA President Time: 2:00 to 4:00 p.m. EST Topic: Meet the Wireline Michele Farquhar opened the evening’s Competition Bureau program by acknowledging guests at the þ SEE PAGE 11 SPONSORED BY: head table and in the audience, by The Computers and Internet Committee and introducing a video clip of some of the International Communications Committee of the ABA FCBA Foundation’s 2005 Scholarship Brown Bag Section of Antitrust Law Date/Time: Wednesday, winners, and introduced guest of honor, The IP-Based Communications Practice and January 11, Noon to 1:15 p.m. FCC Chairman Kevin Martin. Wireless Practice Committees of the Federal Location: Harris Wiltshire & Grannis 1200 18th Street, NW, Communications Bar Association Chairman Martin paid tribute to 10th Floor Commissioner, and former FCBA President, Topic: Europe’s e-commerce This program will be presented by web- i2010 and a debriefing of Kathleen Abernathy in his opening remarks augmented teleconference. Learn about the recent E.U. bilaterals and shared his spotlight with a video tribute þ latest developments from the comfort of SEE PAGE 11 to Commissioner Abernathy which featured your own office or home. CONTINUED ON PAGE 3 þ CONTINUED ON PAGE 7 þ PRESIDENT’S Message
DEAR MEMBERS: FEDERAL COMMUNICATIONS BAR ASSOCIATION Happy New Year! In 2006 the FCBA commemorates its 70th anniversary, as well as the 15th anniversary of the FCBA © copyright 2006 Foundation. This newsletter includes a historical perspective 1020 19th Street, N.W. written by former FCBA President S. White Rhyne regarding Suite 325 the founding of the FCBA, highlighting the critical role of our Washington, D.C. 20036-6101 first president, Louis Caldwell. Future newsletters will Phone: (202) 293-4000 Fax: (202) 293-4317 include similar pieces, and we would be interested in other E-mail: [email protected] historical features for upcoming issues this spring. Website: http://www.fcba.org
On January 20, the FCBA’s celebration officially begins with a luncheon event OFFICERS featuring five former FCC Chairmen entitled “Looking Forward, Looking Back.” Michele C. Farquhar President Later this spring the FCBA will host a 70th Anniversary reception, coordinated by former FCBA President Peter Shields. Please contact Peter if you are interested in Jennifer A. Warren President-Elect helping with this event. Anita L. Wallgren Secretary January also marks the start of the FCBA nominations cycle, and our first call for Sheryl J. Wilkerson members interested in seeking elective office or officer positions. We are soliciting Assistant Secretary candidates for the Executive Committee, the Foundation, and the Nominations Mark D. Schneider Committee, as noted in this newsletter. The FCBA needs your help to ensure that Treasurer we have a committed and diverse slate of candidates for these important positions, Richard S. Whitt reflecting all segments of the bar and the industries we represent. Please take a Assistant Treasurer minute to contact former FCBA President Harry Martin, Chair of the Nominations Committee, if you have any recommendations for nominees or questions about the EXECUTIVE COMMITTEE process. Carolyn W. Brandon Sally A. Buckman Michele C. Farquhar Anna M. Gomez Cheryl A. Leanza Harry C. Martin Important FCBA Dates for 2006 Laura H. Phillips Lauren M. Van Wazer Ryan G. Wallach February 3-4, 2006 – National Telecommunications Moot Court Competition Harry Wingo February 28, 2006 – Communications Law 101 CLE Seminar Christopher G. Wood May 5-7, 2006 – Annual Seminar, The Greenbrier Resort, White Sulphur Springs, WV CHAPTER June 2006 – Annual Meeting and Luncheon REPRESENTATIVES June 2006 – FCBA 70th Anniversary Celebration Judith A. Endejan William Levis
DELEGATE TO AMERICAN BAR ASSOCIATION Brooks E. Harlow
YOUNG LAWYERS Judges Needed for Moot Court REPRESENTATIVE Competition Pam F. Slipakoff EXECUTIVE DIRECTOR The National Telecommunications Moot Court Competition Committee is seeking interested attorneys to serve as judges for the 2006 competition. Judges Stanley D. Zenor are needed to grade briefs and to judge oral arguments, which will be held at DEPUTY DIRECTOR the Catholic University of America Columbus School of Law on Friday, Heidi M. Kurtz February 3, and Saturday, February 4, 2006. If you can help, please email Mia Hayes at [email protected] indicating whether you would like to Editor - Heidi M. Kurtz grade briefs, judge oral arguments, or both. Thank you in advance for your Photographer - Mark Van Bergh interest and participation in this season’s competition. Password as of January 10, 2006: 384
FCBA NEWS 2 JANUARY 2006 CLE Seminars
AFTER TRINKO Present: at The George Washington University CONTINUED FROM PAGE 1 The Telecommunications Act of 1996: Angela Campbell, Director of Ten Years Later on February 6, 2006 Georgetown Law Center’s Institute for PROGRAM DESCRIPTION: 9:30am-5:00pm, Washington, DC. Public Representation This program will examine the likely Dirck Hargraves, Counsel, role of antitrust law in the broadband The Telecommunications Act of 1996 Telecommunication Research and communications world in the wake of became law on February 7, 1996. The Action Center (TRAC) and General Trinko and recent court of appeals following decade was a period of Counsel and Senior Consultant, Issue decisions. It will also assess the impact unprecedented change in the global Dynamics, Inc. that new technologies and the FCC’s information, computer and Thomas Hazlett, George Mason broadband deregulatory initiatives may telecommunications (ICT) industry. University have on the role of antitrust law in The explosive growth of the Internet, Eli Noam, Director of the Columbia communications markets. Attend this the unprecedented “boom and bust” in Institute for Tele-Information and program and get answers and guidance telecom stocks, the collapse and Professor, Columbia Business School on the thorny issues that lawyers face restructuring of entire industry sectors, Daniel Phythyon, Policy Director and when counseling their clients in this fast and the development of revolutionary General Counsel for the Alliance for changing business environment. new technologies are only a few of the Public Technology (APT) changes that characterized the past ten Larry Pressler, United States Senator SPEAKERS: years in telecom. (retired) and a principal author of the Moderator: Telecommunications Act of 1996 Sheba Chacko, BT Americas, Reston, VA What was the relationship between the Andrew Schwartzman, President and Telecom Act and the decade of change CEO of Media Access Project Presenters: in the ICT industry? What was the Christopher Sterling, Professor at the Phil Verveer, Willkie, Farr & Gallagher, Telecom Act supposed to do and did it Graduate Telecommunication Program Washington, D.C. accomplish those goals? Was it a at The George Washington University Jonathan Rubin, American Antitrust success? A failure? Or a bit of each? Kathleen Wallman, Senior Advisor to Institute, Washington, D.C. the Brattle Group and CEO of Wallman David Saylor, Hogan & Hartson, The Columbia Institute for Tele- Consulting Group Washington D.C. Information (CITI) and the Federal Steven Wildman, Director of the Quello Kyle Dixon, Progress and Freedom Communications Law Journal (FCLJ) Center for Telecommunication Foundation, Washington, D.C. have organized a conference to explore Management and Law at Michigan State these questions and the overall impact University $ 85. 00 - Section of Antitrust Law of the Telecommunications Act of 1996 Members and FCBA Members on the ICT industry, the economy and Additional speakers, including Keynote $125.00 - ABA Members society. speakers will be announced soon. $150.00 - General Public $60.00 - Government Employees, Conference speakers will include LOCATION Academics experts who have written articles on the The all-day conference will be held in $60.00 - Additional registrants who use Telecom Act’s first decade which will Washington DC at a convenient the same phone line. appear in the June 2006 issue of the location that will announced by mid- $25.00 – Students FCLJ. Other speakers are experts who January 2006. have contributed to CITI’s research, Register Now: Phone: 800.285.2221 including the on-going “Remedies for REGISTRATION and Select Option “2”, M-F, 8:30 a.m. - Telecom Recovery” program which is Early registration fees will be available 6:30 p.m. Eastern or Online at exploring the causes and cures of the until January 15, 2006; after that date, http://www.abanet.org/cle/programs/ historic telecom “boom and bust.” regular registration fees will apply. t06abc1.html, Event code: T06ABC1; Corporate: early - $200, regular - $250; Source Code: TCE6FABC1 SPEAKERS WILL INCLUDE: FCBA Members and CITI affiliates: early Patricia Aufderheide, Director for the - $100; regular - $125; Government and Center for Social Media at American academic: early - $35; regular - $50. The Telecom Act of University 1996: Ten Years Later Michael Botein, Director of the Media On-line registration is available at: Center and Professor at New York Law http://www.ersvp.com/reply/event12968 Columbia Institute for Tele-Information School in association with the Federal Gerald Brock, Program Director at the Communications Bar Association Graduate Telecommunication Program CONTINUED ON PAGE 4 þ
FCBA NEWS 3 JANUARY 2006 CLE Seminars
TELECOM ACT frequencies needs FCC approval. The and academics alike. The questions CONTINUED FROM PAGE 3 more innovative the technology, range from those involving what however, the more likely it is to violate institutions—courts, agencies, standard ADDITIONAL INFORMATION the current technical rules. setting bodies, or international treaty Please consult the conference website organizations—can address technology at: http://www.citi.columbia.edu/ This session will explore the FCC’s policy questions to those involving the telecom_at_10 for the latest information procedures for adjusting the rules to emerging structure of the about the conference. accommodate new technologies. What telecommunications industry and factors guide FCC decision-making? whether it is an effective response to or CITI contact: Ben Bloom, 212-854- How can a proponent’s lawyer help the possible barrier to continued 4222, [email protected] FCC to reach the right result? Why do innovation. Similarly, the development FCLJ contact: Matt Warner, (812) 855- some rulemakings and waiver of video content over the Internet is 5952, [email protected] proceedings take so long? How can a emerging as a challenge that will or follow this link: spectrum incumbent ensure that its potentially transform the video http://www.ersvp.com/reply/event12968 interests remain protected? programming industry, both respect to the re-thinking of regulatory strategies SPEAKERS: and the role of digital rights February 15 - Moderator: management systems. Henry Goldberg, Partner, Goldberg, Universal Service Godles, Wiener & Wright This conference will examine the above Panelists: set of pressing regulatory challenges The Common Carrier Practice Mitchell Lazarus, Member, Fletcher, that policymakers have yet to fully Committee is putting together a CLE Heald & Hildreth, PLC grapple with. With a thoughtful array of Seminar on Universal Service on Julius Knapp, Deputy Chief, Office of leaders from academic, industry, and Wednesday, February 15, from 6:00 to Engineering and Technology, FCC governmental circles, we believe that 8:15 p.m. Registration information will Dr. Rashmi Doshi, Chief, Laboratory this conference will continue the Silicon be forthcoming. Division, Office of Engineering and Flatirons’ tradition of encouraging Technology, FCC “bolder thinking” in Boulder. Like its It is nearly universally agreed that the Karl Nebbia, Deputy Associate predecessors, the proceedings from this universal service system is in need of Administrator for Domestic Spectrum conference will be published in the reform and widely expected that reform Management, National third volume of the Journal on will be a hot issue at the FCC and on Telecommunications Information Telecommunications and High the Hill in 2006. This CLE will Administration, U.S. Dept. of Technology Law. examine reform prospects, policy Commerce considerations, and the legal Barry Ohlson, Senior Legal Advisor, implications and justifications for Office of Commissioner Adelstein, FCC Schedule of Events: reform on both the contribution and Jay Birnbaum, Vice President and distribution side. More information to Sunday, Feb. 19th General Counsel at CURRENT follow by email and in the February LINDSLEY MEMORIAL Communications Group, LLC, and FCBA News. COURTROOM CURRENT Technologies, LLC February 16 - FCC 9:15-9:30 February 19-20, 2006 WELCOME Regulation of New - The Digital Phil Weiser Technologies Executive Director, Silicon Flatirons Broadband Migration Telecommunications Program The Engineering and Technical Practice Confronting the New Committee has put together a CLE Regulatory Frontiers 9:30-11:30 Seminar to be held Thursday, February OVERVIEW PANEL: THE 16 from 6:00-8:15 p.m. at Dow Lohnes INSTITUTIONAL CHALLENGES The transformation of telecommuni- & Albertson, PLLC. Registration OF TECHNOLOGY POLICY cations from an analog, narrowband information is on page 20. network optimized for voice to a digital, Phil Weiser (Moderator) broadband network optimized for data Executive Director, Silicon Flatirons SUMMARY: traffic has created a myriad of Telecommunications Program Any new technology that uses radio challenges for businesses, policymakers,
FCBA NEWS 4 JANUARY 2006 CLE Seminars
Ray Gifford Gigi Sohn (Discussant) Communications President, Progress and Freedom Public Knowledge Foundation Law 101 to be Held Dale Hatfield 5:15-6:15 on February 28 Univ. of Colorado, former FCC Chief KEYNOTE ADDRESS Engineer The FCBA will be hosting its annual Bob Kahn Howard Shelanski Communications Law 101 seminar on Internet Pioneer Univ. of California, Berkeley, former FCC the afternoon of Tuesday, February 28 at Chief Economist the offices of Wiley Rein & Fielding, LLP. Steven F. Williams 6:15-7:15 This program is designed to give Judge, D.C. Circuit Court of Appeals RECEPTION communications attorneys a practical Jon Nuechterlein (Sponsored by Perkins Coie) introduction to a variety of legal issues Partner, Wilmer Cutler, former FCC facing practitioners and communications Deputy General Counsel companies. The half-day program will Schedule of Events: include panels and presentations from a 11:30-1:00 Monday, Feb. 20th wide range of industry experts and Lunch seasoned attorneys from both the private UNIVERSITY MEMORIAL and public sector. More information to CENTER 1:00-3:00 follow by email and in the February issue VIDEO OVER INTERNET of the FCBA News. PROTOCOL 9:00-10:00 CLOSING SPEAKER Peter Rohrbach (Moderator) SAVE THE DATES! MORE CLE Partner, Hogan and Hartson Michael K. Powell PROGRAMS COMING IN Susan Crawford (Presenter) former Chairman, Federal MARCH: Cardozo Univ. Communications Commission Robert Pepper (Presenter) Cisco Systems 10:00-12:00 March 15, 2006 – Timothy Wu (Presenter) INDUSTRY STRUCTURE Univ. of Virginia Economic Analysis Sean Lindsay (Moderator) Dorothy Atwood (Discussant) VP and Deputy Gen Counsel, Qwest and FCC Sr. VP, SBC, Regulatory Planning and Antoinette Cook Bush (Presenter) Policy Decisionmaking Partner, Skadden Arps Paul Glist (Discussant) Mark Cooper (Presenter) Presented by the FCBA Partner, Cole Raywid Director of Research, Consum Fed. Of and the Stanford Institute Stephan Shelanski (Discussant) America for Economic Policy Research Sr. VP, Starz Entertainment Group Aaron Edlin (Presenter) (SIEPR) Univ. of California, Berkeley 3:00-3:15 Fred Kahn (Presenter) The FCC relies heavily on economic BREAK former CAB Head analysis in addressing public policy Douglas Melamed (Presenter) issues. Economic analysis is 3:15-5:00 former Antitrust Chief particularly important in determining DIGITAL RIGHTS F.M. Scherer (Presenter) the “public interest” in FCC decisions MANAGEMENT former Chief Economist, FTC that shape the structure of the Natalie Hanlon-Leh (Moderator) marketplace, policies to facilitate Partner, Faegre & Benson 12:00–1:30 efficient market entry and exit, and Tom Lookabaugh (Presenter) LUNCH/LUNCHEON SPEAKER decisions on when and how to eliminate Univ. of Colorado regulation and rely on market-driven Jim Crowe Randy Picker (Presenter) competition. President and CEO, Level 3 Univ. of Chicago Communications Chris Sprigman (Presenter) This conference will examine how the Univ. of Virginia FCC utilizes economic analysis, with a More information and registration Richard Green (Discussant) focus on major merger decisions and opportunities are available at CEO, Cablelabs the “net neutrality” debate. We will http://www.silicon-flatirons.org/ Preston Padden (Discussant) consider how the FCC ought to conferences/20060219dbm.asp. Exec VP, Disney CONTINUED ON PAGE 6 þ
FCBA NEWS 5 JANUARY 2006 CLE Seminars
ECONOMIC ANALYSIS Kevin Werbach, University of regulations for broadcast, cable, and CONTINUED FROM PAGE 5 Pennsylvania, Wharton School of telecommunications companies. Business approach important short-term and Seminar speakers will include long-term economic issues, and how it LOCATION: representatives from state and federal should choose between competing Hogan & Hartson LLP, 555 - 13th St., agencies, including the FCC, FTC, and economic models and approaches NW, Washington, DC, 13th Floor the California Office of Privacy presented by opposing parties. DATE AND TIME: Protection, as well as distinguished Wednesday, March 15, 2006, 8:45 am – practitioners in this field. The seminar 12:15 pm Schedule of Events: will focus on the latest developments and changes in the laws and regulations 8:45 – 9:00 More information on registration and that most impact communications and REGISTRATION AND pricing to follow in the February media businesses, including: BREAKFAST RECEPTION FCBA News. • Data Security Breach Notification Laws recently adopted in more than 9:00 – 9:10 22 states and 1 municipality (New WELCOME March 28, 2006 - York City) Greg Rosston, Stanford Institute for • New FTC rules for implementation of Economic Policy Research Privacy & Data the CAN-SPAM Act with respect to David Sieradzki, Hogan & Hartson LLP Security CLE commercial email and FCC’s rules Conference Co-Chairs regarding commercial email sent via Presented by the FCBA and the ABA wireless devices 9:10 – 9:30 Forum on Communications Law • Michigan and Utah’s new Child KEYNOTE ADDRESS TITLE: Protection Registry Laws that affect Leslie Marx, FCC Chief Economist Privacy & Data Security Compliance for commercial email sent to those states Communications & Media Companies • California’s “Shine the Light” Law 9:30-11:00 that requires third party disclosure ECONOMIC ANALYSIS IN FCC DATE AND TIME: notice requirements for sharing MERGER PROCEEDINGS Tuesday, March 28, 2006 personal information 8:30 a.m. -12:30 p.m. Moderator: • State and Federal Do-Not-Call Laws Walt Strack, Wireless LOCATION: (FCC and FTC) and their application Telecommunications Bureau, FCC Covington & Burling Conference to the explosive growth in Panelists: Center, 1201 Pennsylvania Ave., N.W., commercial text message advertising Debra Aron, Northwestern Washington, DC 20004-2401 • The new Federal Junk Fax Prevention University/LECG Act and California’s recent Doug Bernheim, Stanford University DESCRIPTION: elimination of the established Michael Katz, University of California, This seminar will cover everything you business relationship exception for Berkeley (former FCC Chief Economist wanted to know about the fast changing commercial fax advertising and former Deputy Assistant Attorney landscape of privacy and data security • Credit card security issues, including General for Economic Analysis, law, but were afraid to ask. the credit card industry’s new online Antitrust Division, DOJ) and offline merchant security Donald Stockdale, Wireline This seminar will focus on the practical requirements Competition Bureau, FCC implementation of various domestic • Michigan and other State Social state and federal laws and regulations Security Number Privacy Laws 11:10-12:15 that impact the business operations, • Children’s Online Privacy Protection THE ECONOMICS OF “NET regulatory compliance and marketing Act NEUTRALITY” AND FACILITIES- efforts of communications and media • Health Insurance Portability and BASED COMPETITION companies, as well as provide a brief Accountability Act overview of international requirements Moderator: for foreign operations of U.S. For additional information, please David Sieradzki, Hogan & Hartson LLP companies, including foreign news contact S. Jenell Trigg at Leventhal Panelists: bureaus. It will also address the Senter & Lerman PLLC: 212-416-1090 Kyle Dixon, Progress and Freedom interface and potential conflicts between or [email protected]. Foundation the new privacy laws and other Greg Rosston, Stanford Institute for regulatory requirements, such as Registration information for this Economic Policy Research Sarbanes-Oxley and various FCC seminar is coming soon!
FCBA NEWS 6 JANUARY 2006 FCC CHAIRMAN’S Dinner
CONTINUED FROM PAGE 1 many of her colleagues and friends. The Chairman was then “roasted” by three Washington stalwarts, Dick Wiley, Eddie Fritz, and Jim Cicconi. Chairman Martin smiled as each of the roasters shot some poignant barbs in his direction, commenting on his youthful looks, his resemblance to Harry Potter, his hawkish position on indecency, and a variety of other issues from the first year of the Martin FCC. The Chairman then took control of the podium and microphone and shared 9’x12’ photos of his new son Luke being lectured on several FCC issues by Commissioners Abernathy, Copps, and Adelstein, on the big video screens. Perhaps the first baby pictures used at a Chairman’s Dinner, and certainly the largest. Chairman Martin, with comedic timing, good naturedly poked fun at himself and the transition from the Powell FCC to the Martin FCC, sharing with the audience advice he had received from his three predecessors, and closing with his own list of the “Top 7 Reasons it is Fun to Work at the FCC.” Chairman Martin was hit, his first time in the spotlight.
The support of 124 firms and companies purchasing sponsors tables this year raised over $43,000 for the FCBA Foundation’s scholarship program. Photos by Mark Van Bergh
FCBA NEWS 7 JANUARY 2006 FCC CHAIRMAN’S Dinner
FCBA NEWS 8 JANUARY 2006 FCC CHAIRMAN’S Dinner
FCBA NEWS 9 JANUARY 2006 COMMITTEES AND CHAPTERS in the Spotlight
(This new feature will run throughout the coming year to highlight each of the substantive committees and chapters.) FCC Enforcement Practice Committee
The FCBA’s FCC Enforcement Practice Committee provides members with a forum for information-sharing and discussion of the legal, regulatory and public policy issues key to practicing before the FCC’s Enforcement Bureau. All FCC practitioners, regardless of their area of expertise, will find themselves at one time or another focusing on how the FCC enforces the statute its rules. The Committee is there to serve as your resource for navigating that process. This year, the FCC Enforcement Practice Committee co-chairs, David Solomon Photo by Committee is chaired by Roz Allen of and Roz Allen. Not pictured: Brad Berry Mark Van Bergh Holland & Knight, LLP; Brad Berry of Wilmer Cutler & Pickering Hale and Roz Allen ([email protected]); Florida legislative issues impacting Dorr, LLP; and David Solomon of Brad Berry (bradford.berry communications companies with focus Wilkinson Barker Knauer, LLP. @wilmerhale.com); or David Solomon on video franchising issues. The final ([email protected]). meeting of 2005 was held in November in Tallahassee at the office complex of This year, the Committee plans to hold the Florida Public Service Commission several brown bag lunches with Florida Chapter (PSC) for a CLE program entitled, government officials who make and “Florida’s Telecommunications Future: implement enforcement policy. The The Florida Chapter was founded in the Rate Rebalancing and Universal first of these lunches was held on fall of 2004 by its current co-chairs, Will Service.” This was the Florida Chapter’s November 9th, and featured Cox with Abel Band in Sarasota, Ila Feld first meeting in the state capital. Thirty- Enforcement Bureau Chief Kris with Leibowitz & Associates in Miami, five participants enjoyed an excellent Monteith. Kris shared with a group of Marianne LePera with Henderson program and lively discussion of Florida approximately 100 attendees her take Franklin in Bonita Springs, and Pat telecom rate issues, as well as state and on the FCC’s current enforcement Meehan with Holland & Knight in federal universal service issues. priorities, and responded to a broad Tampa. The Florida co-chairs are range of questions from the audience. geographically spread out throughout The Florida Chapter is currently We hope to schedule additional brown the state and their expertise and planning two events for the first half of bags that focus on significant new interests cover all sectors of the 2006: a central Florida program on developments in the FCC’s exercise of communications industry, including regulatory enforcement issues and a its enforcement authority. Internet, wireless, cable, broadcast south Florida program on cutting-edge television and radio, and telephony. wireless issues. The Florida Chapter is The Committee plans to host a one-day eager to involve more communications CLE in May of 2006 that will cover a In 2005, the Florida Chapter had three professionals throughout the state of broad range of topics, from basics of meetings/CLE programs in different Florida in this growing FCBA chapter enforcement practice to emerging issues locations in north, central, and south and welcomes input on its future in the areas of indecency and E-911 Florida, all well attended events. The programs. For more information, enforcement. inaugural event in March was in please contact Florida Chapter Co- Orlando and focused on negotiations Chairs, Will Cox at We are always interested in hearing between telecom providers and real [email protected], Ila Feld at from you about areas you would like to estate developers. The second meeting [email protected], Marianne LePera see the Committee address. Please e- was in June in Fort Lauderdale and at [email protected], or Pat mail your suggestions or questions to presented an excellent panel on current Meehan at [email protected].
FCBA NEWS 10 JANUARY 2006 COMMITTEE AND CHAPTER Events
Cable Practice Committee Legislation and IP-Based Wireless Telecommunications Communications Practice Practice Committee Event: Brown Bag Lunch Committees Date/Time: Tuesday, January 17, 12:15 p.m. Event: Luncheon Location: Willkie Farr & Gallagher, LLP, Event: Brown Bag Lunch Date/Time: Friday, January 6, Noon 1875 K Street Date/Time: Friday, January 13, 12:15 p.m. Location: Sidley Austin, 1501 K Street, Topic: The Top Ten Technological Trends Location: Verizon Wireless, 1300 Eye Street, 6th Floor Everybody Should Know About NW, Suite 400 West Topic: A debate over municipal WiFi networks Speakers: John Wong and the Staff of the Speakers: Howard Waltzman, Majority Chief Speakers: Tom Lenard, Senior Fellow and Media Bureau’s Engineering Division Telecommunications Counsel, House Energy Vice President for Research, Progress & RSVP to: Ben Golant, [email protected] and Commerce Committee; Amy Levine, Freedom Foundation versus Harold Feld, Legislative Counsel to Rep. Boucher; Melissa Senior Vice President, Media Access Project Common Carrier Practice Newman, Vice President, Regulatory Affairs, Cost: $15.00 Committee Qwest; and Chris Putala, Executive Vice RSVP to: use form on page 20 President, EarthLink Event: Brown Bag Lunch Topic: Legislative Reform Affecting IP-Based Young Lawyers Committee Date/Time: Tuesday, January 24, Services 12:15 - 1:30 p.m. RSVP To: Wendy Parish - [email protected] Event: Brown Bag Lunch Location: Hogan & Hartson, 555 13th Street, Date/Time: Thursday, January 26, 12:15 p.m. NW, Litigation Center, Lower Level Transactional Practice Committee Location: Drinker Biddle & Reath, Topic: Meet the Wireline Competition Bureau 1500 K Street, NW, 11th Floor Speakers: Thomas Navin, Chief, Wireline Event: Brown Bag Lunch Topic: Planning and informational meeting Competition Bureau, and other WCB staff Date/Time: Wednesday, January 11, Other information: Start the new year off right! RSVP to: Wendy Parish - [email protected] 12:15 p.m. If you’ve resolved to get more involved with the Location: Drinker Biddle & Reath, FCBA, and the Young Lawyers Committee in International Telecommunications 1500 K Street, NW, Suite 1100 particular, here’s your chance. All levels of Practice Committee Topic: Implications of recent Media Bureau interest welcome, from participants to planners. decisions rescinding grants of assignment/ Bring your ideas for brown bag lunches and Event: Brown Bag Lunch transfer of control applications after parties other YLC events. Contact Jason Friedrich Date/Time: Wednesday, January 11, have closed, including use of “unwind” ([email protected]; 202-354-1340) or Noon to 1:15 p.m. agreements and implications for opinion Natalie Roisman ([email protected]; Location: Harris Wiltshire & Grannis 1200 letters. Also will discuss topics/schedule for 202-418-1655) for additional information 18th Street, NW, 10th Floor future meetings and programs of this RSVP to: No RSVP necessary Topic: Europe’s e-commerce i2010 and a committee. debriefing of the European perspective on the For More Information: Contact Stuart recent U.S. – E.U. bilaterals on Shorenstein, at [email protected] or telecommunications and information policy Howard Liberman at [email protected]. held in Washington, D.C. in December of 2005. Speaker: Anna Snow, Trade Advisor of the Delegation of European Commission RSVP to: none required
Nominations Open Committee; and four (4) FCBA for nomination and the office they are Foundation Trustees. being recommended for by January for 2006 Elections 18, 2006. The first step of this process is for Pursuant to Article V, Section 20 of the members to notify the Nominations The Nominations Committee will Association’s Bylaws, the FCBA’s Committee of their interest in being present a slate of nominations to the Nominations Committee is beginning nominated, or to recommend other membership via email and the the process of preparing the ballot for members for consideration for newsletter. At that point, members will the 2006 annual election. Positions to nomination. Nominations should have the option of making additional be filled are: President-Elect; Secretary; be sent to FCBA Past President and nominations as outlined in the Bylaws. Assistant Secretary; Assistant Chair of the Nominations Committee, Election ballots will be mailed to all Treasurer; Chapter Representative to Harry C. Martin, via email to members in early May. the Executive Committee; three (3) [email protected]. Please give the members of the Executive Committee; name of the member to be considered three (3) members of the Nominations
FCBA NEWS 11 JANUARY 2006 COMMITTEE AND CHAPTER News
Annual Seminar Greenbrier is also the site of a world Georgia. On December 15, 2005, the renowned health clinic and “The Study Committee adopted a Final Committee Bunker”, the cold-war escape Report, which included proposed destination for the federal government legislation. During the process, the 2006 FCBA ANNUAL SEMINAR in the event of nuclear war. Study Committee, which was comprised RETURNS TO THE GREENBRIER of three members of the Senate and RESORT It’s not too early to make your three members of the House, formed an reservations now for the 2006 Annual Advisory Committee which included Not since the mid 1980’s has the FCBA Seminar. Use the form on page ____ of key industry participants from the Annual Seminar been held at the the newsletter to fax your reservation wireless, broadband, Voice Over IP, Greenbrier Resort in White Sulphur today. Look in the February newsletter Internet and ILEC industries. Springs, WV. The 2006 Annual for the seminar schedule, agenda, and Seminar, however, returns to the registration form. SPEAKERS: Greenbrier as FCBA celebrates its 70th Joe Bankoff, partner with the Atlanta law Anniversary, May 5-7. firm of King & Spalding and the Facilitator for the Advisory Committee; Have you always wanted to go to the Atlanta Chapter and the two Co-Chairs of the Committee Greenbrier but have just never made the Panel on January 5th – Senator Mitch Seabaugh and trip, or heard that it was expensive and Representative Jeff Lewis. (The other difficult to get too? Well, the FCBA has a The Co-Chairs of the Atlanta Chapter of four members of the Study Committee 2006 room rate of $240.00 per night for a the Federal Communications Bar will be invited as well). At the end of a standard room, the same as the room rate Association cordially invite you to a presentation by Mr. Bankoff and the as last year at Kingsmill for the annual panel discussion and lunch on opportunity for comments from the seminar. That is $240.00 per night for a Thursday, January 5, 2006 from 12:30 Senators and Representatives, interested standard room, not per person per night. to 2:00. industry attendees will be given the Difficult to get to, not really. From opportunity to ask questions or make downtown Washington, DC it is a four TOPIC: brief remarks about the proposed hour, 248 mile drive (all on interstate “State Regulation of Broadband, VOIP, legislation. The invitees to the event highways) to reach the Greenbrier. and Wireless Services - The Final will include (a) the members of the Report of the Joint House and Senate Advisory Committee, (b) the members of The Greenbrier is recognized as a world Emerging Telecommunications the Atlanta Chapter of the FCBA, (c) the class resort with championship golf Technologies Study Committee”. membership of the Atlanta Telecom courses, an internationally ranked spa, a Professionals and (d) the membership of cooking school taught by the resort’s After the 2005 Session of the Georgia the Georgia Electronic Commerce chefs, indoor and outdoor tennis and General Assembly, Senate Resolution Association (“GECA”). swimming pools, a variety of 298 established a Study Committee to recreational activities including study what role state regulators should LOCATION: mountain biking, equestrian activities, play, if any, in the growth and Arnall Golden Gregory LLP, 171 17th trout fishing, whitewater rafting, and development of the wireless, broadband Street, NW, Suite 2100, Atlanta, GA many other leisure activities. The and VOIP industries in the State of 30363 (the Wachovia building at Atlantic Station)
COST: Save the Date! February 13 Luncheon $10 members/$15 non-members Panel in Conjunction with NARUC (includes lunch)
Please join us for a luncheon on Monday, February 13 featuring four state RSVP TO: communications policy leaders. From homeland security to consumer Please RSVP to Carey Miller at 404- protection, the role of the states in the communications marketplace continues 873-8584 or [email protected] no to evolve. And as communications becomes even more integral into the daily later than January 2, 2006 lives of its citizens, state governments increasingly are held accountable for protecting their citizens from the excesses of all We hope that you will join us for our communications companies —telephone, wireless, video, and broadband. The kick-off event for the 2006 FCBA year. luncheon will be at a hotel near where the NARUC meetings are being held. Please feel free to invite your clients and More information coming via email soon! colleagues who are interested in this important topic.
FCBA NEWS 12 JANUARY 2006 FCBA Celebrates 70 YEARS
FCBA: Founding and Louis G. Caldwell was the “George Washington” of the FCBA. Philip First Year Hennessey described him years later, in By S. White Rhyne an oral history of the early days, as “the great creative contributor to the “There is a history in all men’s lives, organization.” Figuring the nature of the times deceas’d” - William Shakespeare, Henry IV A native of Chicago, Caldwell was a 1916 graduate of North-western University Law School who ultimately The Federal Communications Bar had a long and distinguished career as a Association is having a birthday this communications lawyer. However, he year. There will be 70 candles on its went to war before he went to work, cake! enlisting after law school in the American Field Service Ambulance THE FOUNDING Corps to serve overseas before the On April 27, 1936, less than two years United States entered World War I. after the Communications Act went into Later rejected by the U.S. Army for poor effect, a group of nine lawyers eyesight, he enlisted in the French practicing in the relatively new field of Foreign Legion and was awarded the Louis G. Caldwell communications law held an informal Croix de Guerre in 1918. Returning meeting at the Willard Hotel in home in 1919, he joined the Kirkland Washington to discuss creating their organization committee. They elected firm in its Chicago office and became a own professional organization. The Louis Caldwell as chairman and partner within a few years. He meeting was called by Philip J. undertook the drafting of a constitution represented early radio stations in Hennessey, Jr., NBC’s Washington and by-laws that they adopted at a Chicago during the 1920’s. counsel, who acted as secretary pro tem. second meeting on May 18. In 1928, President Coolidge called him The other lawyers at the meeting were In those days, and for decades to Washington to be the first General Louis G. Caldwell, resident partner in afterwards, lawyers had to be admitted Counsel of the new Federal Radio the Washington office of Kirkland, to practice by the FCC in order to Commission, which predated creation Fleming, Green, Martin & Ellis, now practice before the agency. A notice was of the FCC by the Communications Act Kirkland & Ellis; Hampson Gary, mailed to all lawyers admitted or of 1934. In 1929, Caldwell left the General Counsel of the FCC; Ralph H. employed by the FCC advising them of Radio Commission to open Kirkland’s Kimball of New York City, counsel for a dinner and general business meeting Washington office. By 1936 he was a Western Union; Duke K. Patrick, of scheduled for June 17 at the Hotel key figure in the communications bar, Hogan & Hartson, who like Caldwell Washington. About 75 attended that representing NAB in testimony on had served as General Counsel of the meeting and many others wrote with copyright legislation in Congress and Radio Commission; Paul M. Segal, who assurance of their support. appearing before the FCC on behalf of later became the senior partner of Segal, clear channel broadcasters in the Smith & Hennessey (with Philip ELECTION OF OFFICERS frequency reallocation hearings. Hennessey) and then formed Segal and At the business meeting, a constitution Marmet; Paul D.P. Spearman, first and by-laws were adopted. Mr. UP AND RUNNING General Counsel of the FCC who later Caldwell was elected the first President Once elected, Caldwell lost no time in founded the firm Spearman & of the FCBA, with Messrs. Kimball and organizing the Association. He formed Roberson, now Fletcher, Heald & Sutton as Vice President and Secretary- seven subcommittees of the Executive Hildreth; George O. Sutton, who Treasurer. Six other lawyers were Committee and five other committees. practiced with one associate in the elected to the Executive Committee— Before the end of 1936 there had been National Press Building; and Ralph A. Messrs. Patrick, Spearman and six meetings of the Executive Van Orsdel, general counsel for the Hennessey, plus Frank Quigley of New Committee and a second plenary Chesapeake & Potomac Telephone York City, Frank D. Scott of meeting of the Association attended by Company. Washington, and Ben S. Fisher, then the Chairman and four other practicing with Charles Wayland as an Commissioners of the FCC as well as its Those present constituted themselves, associate in the firm that became Fisher, General Counsel and Justice Owen J. with the exception of FCC General Wayland, Cooper, Leader & Zaragoza, Roberts of the Supreme Court. Counsel Gary, as a temporary now a part of Shaw Pittman. CONTINUED ON PAGE 14 þ
FCBA NEWS 13 JANUARY 2006 FCBA Celebrates 70 YEARS
CONTINUED FROM PAGE 13 employees of the FCC. Those seven ended with a dinner attended by 115 included a young staff attorney named members and guests followed by In January 1937, the Association Rosel H. Hyde, who later served for 23 entertainment. Among the younger submitted proposed rules changes to years as an FCC Commissioner members attending were Frank U. the FCC that originated with its including four as Chairman. Only 82 of Fletcher, who became the Senior Committee on Practice and Procedure, the 182 members were in Washington, Partner of Fletcher, Heald & Hildreth, chaired by Horace Lohnes, who then D.C. The rest were located in 21 states, and in 1960 President of the FCBA; and practiced in a partnership called Dow & with the largest single contingent being Charles S. Rhyne, my cousin and first Lohnes with seven associates including 39 members in New York. employer, who later became President Fred Albertson. In April 1937, the of the ABA. Association adopted Canons of Ethics The FCBA made application in late Duke Patrick was elected to succeed for communications attorneys in 37 1936 for representation in the House of Louis Caldwell as President. Within the articles. Delegates of the American Bar first eight years, Philip Hennessey, Association, as an affiliated Horace Lohnes and Ben S. Fisher had all FIRST JOURNAL organization. But its application was headed the Association. Fisher is the In 1936 the Association published two rejected in January 1937 on the ground only FCBA President whose son has bulletins for its members, succeeded in that it was “not a national organization also served as President (Ben C. Fisher early 1937 by the first Federal of the legal profession.” Twelve years 1967-68). Communications Bar Journal. Philip later, the ABA reversed its position and Hennessey described the Journal as “the granted the FCBA a seat in the House Another of the Presidents in those first cohesive force within the organization.” that it has now held for more than 45 few years, Judge Eugene O. Sykes It contained Association news and also years. (1942), had been the first Chairman of reports on legal developments in the the FCC. He and Richard E. Wiley are FCC and the courts. It had a monthly COMPLETION OF FIRST the only persons ever to have served as publication schedule, which it mostly “YEAR” both Chairman of the FCC and kept, and continued for forty years Louis Caldwell’s term as President President of the FCBA. Henry Rivera, before becoming in 1977 a more ended with an all-day plenary meeting who presided over the FCBA’s 60th conventional legal journal, renamed the of the Association in December 1937, Anniversary celebration, and Kathleen Federal Communications Law Journal by which time the Executive Committee Abernathy are the only FCBA Presidents and co-sponsored with a law school, had met 21 times. The plenary meeting besides Sykes and Wiley to have served then UCLA and now the University of was postponed from October to also as FCC Commissioners. Indiana at Bloomington. accommodate speakers’ schedules. It was addressed by the FCC Chairman, White Rhyne is a former President of the The first Journal reported total receipts two Commissioners, and the President FCBA. He adapted the above article for as of March 1, 1937, of $900.00, total of the Federal Bar Association. It this month’s FCBA News from his expenditures of $215.71, and a balance included discussions of committee President’s Message in the April 1995 on hand of $684.29. There were by that reports and business sessions, and issue. time 182 members, of whom seven were
Communications Commission rules consumers have voiced over their National that require cable and DBS systems to perceived inability to sufficiently Telecommunications permit subscribers to purchase the control the content of programming service provider’s family-friendly their families receive. The FCBA Moot Moot Court channels on a dedicated programming Court Committee seeks volunteers to Competition - Call tier. Participating teams will analyze help prepare the problem and constitutional and administrative law administer the competition. If you for Volunteers issues attendant to FCC enactment of have expertise with these issues, or a such a family-friendly programming general willingness to assist in the The FCBA and The Catholic scheme. This year’s competition arises preparation of the problem, bench University Columbus School of Law out of ongoing debates over whether brief and related tasks, your will co-sponsor the 2006 National cable and satellite providers should be contribution is needed. Please contact Telecommunications Moot Court required to offer “a la carte” channels Mia Hayes at [email protected] Competition to be held February 3- as part of their video service packages, for more information. 4. This year’s competition centers on and out of the concerns some the (fictional) adoption of Federal
FCBA NEWS 14 JANUARY 2006 Annual CHARITY AUCTION
On Thursday, November 17, 2005, the show taping, courtesy of Davis Wright Young Lawyers Committee and the Tremaine, LLP (airfare provided FCBA Foundation hosted the 16th courtesy of FCBA). The Charity Annual FCBA Charity Auction – the Auction Committee is grateful to all most successful Charity Auction to date. prize donors and the winning bidders The Auction raised more than $75,000 for helping to make the Auction a to benefit Kids Enjoy Exercise Now success. Greater DC (“KEEN”), which provides a range of one-to-one recreational The Grand Prize for the raffle was a 42- activities for children and young adults inch Sony Grand WEGA™ 3LCD Rear with disabilities in a non-competitive Projection HDTV, courtesy of Sony environment that encourages the Electronics Inc., which was won by Burt fulfillment of individual goals. The Braverman of Cole, Raywid & funds will be used to help KEEN Braverman, L.L.P. increase its presence in Southeast D.C. Thank you to the more than 150 FCBA In addition to bidding at four silent members who volunteered their time auction tables, the evening included and energy to plan the Auction and/or three live auctions, in which the bidding work the night of the Auction. was facilitated by celebrity auctioneers: For Live Auction I, California Finally, the Auction would not have Congresswoman Zoe Lofgren; for Live been possible without the generosity of Auction II, Daniel Brenner and Melissa this year’s sponsors: Cole, Raywid & Newman; and for Live Auction III, Brian Braverman, L.L.P.; CTIA – The Wireless Fontes and Bryan Tramont. Special Association™; Fletcher, Heald & thanks from the Charity Auction Hildreth, P.L.C.; Hogan & Hartson, LLP; Committee to the celebrity auctioneers Latham & Watkins LLP; Lockheed for doing such a terrific job. Martin Corporation; Sonnenschein Nath & Rosenthal LLP; Trimble Navigation, As always, FCBA members were Ltd.; Vonage; and Willkie Farr & generous in their prize donations and in Gallagher LLP. Photos by Mark Van Bergh their bidding at the Auction. Prizes attracting the highest bids and generating the most live auction competition were: Twelve tickets and two parking passes to the winning bidder’s choice of a Capitals, Mystics, Hoyas, or Wizards game in Intelsat’s MCI Center Executive Suite, courtesy of Intelsat; dinner for four at the Inn at Little Washington, including transportation in a luxury limousine, courtesy of Paul, Hastings, Janofsky & Walker LLP; a New York package, including two nights’ stay at the W Hotel in Times Square plus two regularly priced tickets to a Broadway play of the winner’s choice, courtesy of Qwest Communications International, Inc.; and a Los Angeles package, including two nights’ stay at a hotel in Santa Monica, a gift certificate to The Ivy at the Shore, tickets for a day trip to Catalina Island, tickets to a Los Angeles Dodgers baseball game, a Los Angeles gift basket, and tickets to a television
FCBA NEWS 15 JANUARY 2006 Annual CHARITY AUCTION
FCBA NEWS 16 JANUARY 2006 Annual CHARITY AUCTION
FCBA NEWS 17 JANUARY 2006 FCBA FOUNDATION News
McKenna’s Wagon are always on the 4th Sunday of the memory of former Federal month. If you are able to volunteer for Communications Commission (FCC) Seeking Volunteers one of these dates, please send an e-mail Chairman Robert E. Lee, who passed for January 22 to [email protected] or away in April 1993 after serving on the [email protected]. FCC for almost thirty years. Chairman McKenna’s Wagon is a mobile soup and Lee served as a Commissioner of the sandwich wagon that goes “on location” FCC for 28 years and was instrumental to deliver food to the needy. For those International in the early development of color who have volunteered, it has been a television, among other contributions to wonderful experience and a great way Telecommunications federal communications policy. to help the needy in the D.C. Practice Committee community. For the 13th consecutive year, the to Volunteer at Federal Communications Bar The Wagon is a white van that is loaded Martha’s Table Association Foundation will award up with sandwiches, snacks and soup. stipends to law students from its We meet at Martha’s Table at 4:45 pm in On Sunday, January 29, 2006, from Chairman Robert E. Lee Scholarship comfortable clothes and shoes. Martha’s 10:30 a.m. to 1:00 p.m., members of the and Internship Fund. In 2006, the Table is located in a yellow building at FCBA’s International Practice Foundation will award at least four 2114 Fourteenth Street, NW, in the Committee will be preparing and $4,000 stipends to law students District, near the intersection of 14th distributing food at Martha’s Table, employed as unpaid summer interns in and U Streets. On-street parking is located at 2114 14th Street, N.W., in positions with the FCC and other available. D.C., near the intersection of 14th and government Agencies or entities with U Streets. The FCBA has been meeting jurisdiction over the communications Upon arrival we get assignments (some monthly to volunteer at Martha’s Table industry (i.e., broadcasting, cable of us will distribute snacks and for many years. On the last Sunday of television, telephony, satellites and sandwiches, others will serve soup), and each month, one of the FCBA’s Practice information technology). put on aprons before we depart in the Committees takes the lead in staffing van to 5th and New York Ave., NW this volunteer effort. The International Applicants will be selected on the basis (near the new Convention Center). We Practice Committee will staff the effort of: (1) having secured or having are driven by one of our experienced on January 29th. Volunteers are asked pending, an unpaid summer position volunteers and the trip to distribution to bring sandwich fixings (bread and (internship) in communications with location takes about 10-15 minutes. sandwich meat) with them, as the government offices, (2) a demonstrated center often runs out of donated food. interest in the communications field, We serve about 30-75 people per visit Please mark your calendars, bring your (3) dependence on financial assistance including a few mothers who come for friends and participate in this great in order to accept an unpaid internship food for their families. The area is well volunteer effort. For more info, contact in a government agency involved in patrolled by police. The food Heidi Kurtz at [email protected] or 202- communications, and (4) involvement distribution is conducted in an efficient, 293-4000. in community activities. Applications calm and orderly fashion and many of for a Lee Fund scholarship will be the people we serve are quite posted on the front page of the FCBA appreciative of our efforts. Once we Website as of January 13, 2006 - serve all of the food, we do a clean up of Chairman Robert E. www.fcba.org. the immediate area. Total time for the Lee Scholarship and distribution takes about one hour and we usually return to Martha’s Table by Internship Fund for or before 6:30 pm. Law Students
We would love to have you join us on In 1993 the Foundation established a one of our upcoming food runs which Scholarship and Internship Fund in
FCBA NEWS 18 JANUARY 2006 In MEMORIAM
Harold David Cohen food establishment. Mr. Cohen’s tax here,” said the senior lawyer. Former expertise also enabled him to secure the colleague Judy Harris called Cohen “the (1914-2005) reversal of a multi-million dollar conscience of the firm.” For Bill Fitz, assessment by the State of California Harold was a meticulous draftsman and Harold David Cohen, a communications against a local business, District Photo. prodigious reader. and tax lawyer who practiced in Washington for nearly 50 years, died at Jon Cohen described his late father as so Harold David Cohen was born in his D.C. home on November 14, 2005, “unfailingly truthful” that he refused to Kingston, New York. After taking both at the age of 91. Mr. Cohen was a give idle praise. “When you received a his baccalaureate and law degrees from partner at Pierson Ball & Dowd for compliment you knew it was real,” Jon Cornell University in just six years, he more than three decades and a long- said. Jack Goodman, one of many briefly practiced law in Ithaca, New time FCBA member. His son, Jonathan, lawyers mentored by Harold Cohen York and New York City. He came to is also a communications lawyer and early in their careers, illustrated a Washington in 1940 as a law clerk for FCBA member. related characteristic of fierce integrity Judge Henry Edgerton of the U.S. Court during his eulogy at Mr. Cohen’s of Appeals for the D.C. Circuit, then Among Harold Cohen’s notable funeral. Jack recalled a paging operator entered into a decade of government assignments was the defense of RKO client who had been on the losing end service that included the Federal General in challenges to several of its of two lengthy FCC decisions finding Communications Commission and the television licenses spanning more than misrepresentation, and sought advice on Tax, Criminal and Antitrust Divisions of 20 years. Shorter in duration and next steps. When the option of judicial the Justice Department. His final clearer in outcome was Twentieth appeal was explained, the paging assignment in 1951-52 before joining Century Music v. George Aiken, 422 U.S. operator interrupted, saying he was not the Pierson firm was as Deputy General 151 (1975), where Mr. Cohen argued interested in formal challenge but in Counsel of the Office of Price successfully to the Supreme Court that “fixing” his case. Jack remembers Stabilization. his client, proprietor of George Aiken’s Harold Cohen, peering over his Chicken in downtown Pittsburgh, had spectacles in grave surprise, asking the The FCBA is grateful to Jonathan Cohen, not infringed the copyright on two client: “I beg your pardon?” The client Bill Fitz, Jack Goodman and Judy Harris songs received by radio and repeated his desire for a fix. “Sir, you for contributing information for this disseminated over speakers in his fast- seem to misunderstand what we do article.
JOB Bank
TO RESPOND TO JOB BANK Washington, DC 20036-6101. In addition, 1.06.2 please email the text of the ad to Telecommunications Attorney - Small to LISTINGS [email protected]. Listings and payment received Mid-Sized Harrisburg, PA law firm seeks by the 10th day of each month will appear in telecommunications attorney with a minimum If the employer is listed, send the information the next month’s newsletter. If possible, ads of 2 years experience. Familiarity with rural requested directly to the employer. If you are should not exceed 75 words. Please call the issues preferred. Candidate must possess responding to a BLIND BOX listing, send ONE FCBA, (202) 293-4000, for a Job Bank Form. excellent writing skills, motivation, the ability COPY of the information requested to Heidi (No headhunters please). to work independently and good client skills. Kurtz, Federal Communications Bar Great opportunity for an energetic person who Association, 1020 19th Street, NW, Suite 325, LAW FIRM/CORPORATE is looking for client contact, increasing Washington, DC 20036-6101, or EMAIL it to responsibility and low key work environment. [email protected]. Please clearly indicate the Fax resume to: 717-236-8278. Blind Box number to which you are respond- 1.06.1 ing. If you are applying to a Blind Box, you Telecommunications Associate – McDermott 1.06.3 may enclose a separate note to the FCBA speci- Will & Emery LLP, an international law firm Communications associate with 2 to 5 years fying any organization to which you do not with over 1000 lawyers in 15 offices world of private practice experience needed for wish your application to be forwarded. wide is seeking a 2nd or 3rd year Associate to growing Washington, DC office of a leading Responses to Blind Box listings can be accepted join its Telecommunications Group. full-service NLJ 250 firm. Experience with only from FCBA members. Experience with wireless and common carrier transactional and adjudicatory matters, or regulatory issues preferred. Candidates must policy advocacy and legislative matters, and have excellent analytical writing skills and TO LIST A JOB experience before the FCC’s Media Bureau or academic record. Please send resume, the Wireless Telecommunications Bureau transcript, and writing sample to: Adrianne Complete a Job Bank Form and send or fax the required. Good academic record essential. Vaughan, MWE, 600 13th Street, NW, Please note this is a Blind Box Ad. Form and the appropriate payment to Heidi Washington, D.C. 20005. Fax: 202-756-8087, Kurtz, Federal Communications Bar Email: [email protected]. Association, 1020 19th Street, NW, Suite 325,
FCBA NEWS 19 JANUARY 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 Friday, January 6 – Wireless Luncheon, Sidley Austin, I Thursday, February 16 – CLE Seminar on FCC 1501 K Street, 6th Floor Regulation of New Technologies, Dow Lohnes & Cost: $15.00 Albertson, PLLC, 1200 New Hampshire Avenue, 6:00- Registrations and cancellations due by Noon, Tuesday, 8:15 p.m. January 3, 2006 Cost: $75.00 for Private Sector Members, $50.00 for Government/Academic/Law Student Members, and I Friday, January 20 – Looking Forward, Looking Back $125.00 for Non-members. Former Chairman’s Luncheon, J.W. Marriott Hotel, Registrations and cancellations due by 5:00 p.m., 1331 Pennsylvania Avenue, NW, Lower Level, Noon Tuesday, February 14, 2006 Cost: $45.00 for private sector members, $35.00 for government/academic members and $65.00 for non- members. Tables of 10 available for $450.00. Registrations and cancellations due by Noon, Wednesday, January 18, 2006
$______Total Enclosed I Visa I MasterCard I American Express
Credit card no. ______Exp. date ______
Signature ______
PAYMENT MUST BE RECEIVED NO LATER THAN THE DAY OF THE EVENT. PHONE REGISTRATIONS WILL NOT BE ACCEPTED. PLEASE FAX THIS FORM TO: Ann Henson, Federal Communications Bar Association, Fax: (202) 293-4317 CLE CREDIT: FCBA will be requesting accreditation from the State Bars of Virginia and California for continuing legal education credit.
If approved, forms for Virginia and California will be available at the Seminar Federal Communications Registration Desk. Please note that FCBA does not obtain CLE credit for other states. Bar Association The FCBA will, however, assist with applications to other states, but attorneys must 1020 19th Street, N.W., Suite 325 apply individually for credit courses and submit any forms and payments necessary Washington, D.C. 20036 directly to the state bar. The number of credits corresponds with the number of hours of Phone: (202) 293-4000 course time, i.e., a two-hour seminar equals 2.0 hours of credit. Fax: (202) 293-4317 E-mail: [email protected]
FCBA NEWS 20 JANUARY 2006 REGISTRATION FORM We are delighted your group has selected The Greenbrier and look forward to welcoming you. Many times rooms become available prior to and following the official dates listed below. If you would like to enjoy a White Sulphur Springs longer stay, please indicate below. West Virginia 24986
FEDERAL COMMUNICATIONS BAR ANNUAL MEETING May 5-7, 2006
Attendee’s Name ______Guest Name(s)______
Address ______
City/State/Zip ______
E-Mail Address ______Phone Number ______
Arrival Date ______Departure Date ______Transportation: ____ Auto ____ Plane ____Train
Accommodations shared with ______Arrival Date ______Departure Date ______
GREENBRIER TRAVEL will assist you with the most convenient travel arrangements to and from The Greenbrier and will make all necessary reservations: Your tickets will be mailed to your home or office within 24 hours of your call. Call toll-free (800) 624-6070
Please indicate by number your first, second and third choice of accommodations. Also please indicate first, second and third preference of ___ king bed, ___ two beds, ___ smoking, or ___ non-smoking. Guest room assignments are based on availability and will be honored in the order in which the registration form is received. All rates are based on daily European Plan (no meals included).
ENTRY LEVEL GUEST ROOMS ____ Single or Double Occupancy $240.00 per room, per night
GUEST HOUSES AND DELUXE ACCOMMODATIONS ____ Superior Room $290.00 per room, per night ____ Junior Suite $330.00 per room, per night ____ Paradise/Spring Row $370.00 per bedroom, per night ____ Garden and Executive Suite $350.00 per bedroom, per night
Deluxe Suites and Estate Houses available on request.
DEPOSIT POLICY: A $525.00 deposit per room is required to secure reservations. The Greenbrier will accept deposits by check or major credit card. Rooms will be available only to those requests secured by deposits. Please indicate method of payment: Charge my deposit in the amount of $______to AmEx Visa M/C Discover Card Diner’s Card. Card # ______exp. date ______. Check for deposit enclosed. Amount $______. Your deposit is applicable to the fulfillment of your designated length of stay. When requesting reservations, please NOTE ARRIVAL and DEPARTURE DATES carefully. LATE ARRIVAL or EARLY DEPARTURE causes forfeiture of deposit, unless cancellation or changes are made 15 days in advance of your scheduled arrival date. Please make checks payable to The Greenbrier. Your deposit will be returned if cancellation is received by The Greenbrier 15 days prior to your arrival date. Reservations will be filled in the order in which they are received, and should be received at least 45 days prior to date of your meeting.
Subject to all state and local taxes.
Fax completedcompleted form for tom Theto The Greenbrier’s Greenbrier’s Reservations Reservations Department Department at 304-536-7818. at 304-536-7818.
CHECK-IN TIME: 4:00 PM CHECK-OUT TIME: 12:00 Noon
FCBA NEWS 21 JANUARY 2006 Calendar January 5 Atlanta Chapter Luncheon and Program January 6 Wireless Telecommunications Practice Committee Luncheon January 11 Transactional Practice Committee Brown Bag Lunch January 11 International Telecommunications Practice Committee Brown Bag Lunch January 13 IP-Based Communications and Legislation Practice Committees Brown Bag Lunch January 17 Cable Practice Committee Brown Bag Lunch January 20 FCBA Luncheon with former FCC Chairmen January 22 Volunteer for McKenna’s Wagon January 24 Common Carrier Practice Committee Brown Bag Lunch January 26 Young Lawyers Committee Brown Bag Lunch January 26 FCBA/ABA CLE Seminar on Antitrust after Trinko January 29 International Telecommunications Practice Committee Volunteers at Martha’s Table February 3-4 National Telecommunications Moot Court Competition February 6 Columbia Institute for Tele-Information/FCBA “The Telecommunications Act of 1996” program, Washington, D.C. February 13 Save the Date! FCBA Lunch panel in cooperation with NARUC February 15 CLE Seminar on Universal Service February 16 CLE Seminar on FCC Regulation of New Technologies February 19-20 Silicon Flatirons Digital Broadband Migration Conference, Boulder, CO February 28 Communications Law 101 CLE Seminar March 8 CLE Seminar hosted by the Transactional Practice Committee March 15 CLE Seminar on Economic Analysis and FCC Decisionmaking March 28 ABA/FCBA CLE Seminar on Privacy and Data Security May 5-7 Annual Seminar at the Greenbrier Resort and Spa – White Sulphur Springs, WV
FEDERAL COMMUNICATIONS BAR ASSOCIATION 1020 19th Street, N.W. Suite 325 Washington, D.C. 20036