Index þ Committees This Month’s in the Spotlight PAGE 4 þ Committee and Key Events Chapter Events PAGE 8 þ Job Bank PAGES 15-16 Wireless Luncheon Date/Time: Friday, NEWS November 2005 November 4, Noon Topic: Mobile Content Newsletter of the Federal Communications Bar Association Location: Sidley Austin Brown & Wood, 1501 K Street, 6th Floor FCBA Annual Charity Auction to Benefit Kids þ SEE PAGE 17 Enjoy Exercise Now Greater DC (“KEEN”) Florida Chapter Date/Time: Friday, On Thursday, November 17, 2005, the Communications; and Bryan Tramont, November 4, 9:00 a.m. - 1:00 Young Lawyers Committee and the FCBA Wilkinson Barker Knauer, LLP.” p.m. Topic: Rate Rebalancing and Foundation will host the 16th Annual Universal Service FCBA Charity Auction. The auction will This year’s auction will have live and silent Location: Tallahassee, FL take place in the Hamilton Crowne Plaza’s auctions, raffles, light hors d’oeuvres and a þ SEE PAGE 17 Sphinx Ballroom at the Almas Temple, 1315 cash bar. The various prizes include fabu- K Street, NW, from 6:30-9:30 p.m. lous vacation, sports, electronics, and restau- CLE Seminar rant packages. The raffle’s grand prize will Date/Time: Thursday, November 10, 6:00 – 8:15 This year’s auction proceeds will benefit Kids be a spectacular 42” Sony Grand WEGA™ p.m. Enjoy Exercise Now Greater DC (“KEEN”). 3LCD Rear Projection HDTV. Topic: Practical Tips for KEEN provides a range of one-to-one recre- Appellate Litigation and FCC ational activities for children and young THANKS TO THE FOLLOWING Advocacy adults with disabilities in a non-competitive AUCTION SPONSORS: Location: Wiley Rein & Fielding, Street Level environment that encourages the fulfillment Cole, Raywid & Braverman, L.L.P. Conference Center of individual goals. CTIA – The Wireless Association™ þ SEE PAGE 17 Fletcher, Heald & Hildreth, P.L.C. The charity auction has grown to the point Hogan & Hartson, LLP CLE Seminar where last year’s auction raised over $70,000 Latham & Watkins LLP Date/Time: Wednesday, for the Charitable Coalition for Children with Lockheed Martin Corporation November 16, 6:00 – 8:15 p.m. Cancer. This year’s celebrity auctioneers are: Sonnenschein Nath & Rosenthal LLP Topic: Negotiating California Congresswoman Zoe Lofgren; Trimble Navigation, Ltd. Telecommunications Service Daniel Brenner, NCTA; Brian Fontes, Vonage Agreements for Enterprise Cingular Wireless; Melissa Newman, Qwest Willkie Farr & Gallagher LLP Clients Location: Wiley Rein & Fielding, 1750 K Street, 10th Floor Think Tanks and Public Interest Groups þ SEE PAGE 17 Discussion Luncheon on November 30 CLE Seminar Date/Time: Tuesday, War of the Worlds – Dozens of think tanks and public interest groups around Washington November 29, Noon to 1:30 p.m. make their livings by advancing alternative visions of the communications world of the Topic: The On-Going Debate future. CONTINUED ON PAGE 21 þ Over the Sunshine Act Location: Sidley Austin Brown & Wood, 1501 K Street, 6th Floor December 1st FCC Lab Tour Scheduled þ SEE PAGE 17

The Engineering and Technical Practice variety of devices, both intentional and unin- War of the Worlds Committee has arranged for a tour of the tentional radiators, subject to testing, and Roundtable Luncheon FCC Lab in Columbia, MD on Thursday, demonstrations of the harmful effects of non- Date/Time: Wednesday, November 30, Noon December 1, 2005. At the lab, participants compliant equipment. We will see a partial Topic: Representatives from will receive a brief overview of laboratory run and explanation of a cell phone SAR (RF Think Tanks and Public staffing and functions, and then see the safety) test and check out the FCC’s new Interest Groups equipment used for testing various devices state-of-the-art ($750,000) anechoic cham- Location: Hogan & Hartson, that require certification, as well as used for ber, with an explanation of its construction LLP, 555 13th Street, NW þ research in support of Commission rule-mak- and particular value/use and a typical test SEE PAGE 17 ing activity. This will include, of course, a CONTINUED ON PAGE 13 þ PRESIDENT’S Message

DEAR MEMBERS: FEDERAL COMMUNICATIONS BAR ASSOCIATION One of our most important missions as a bar association is continuing legal education. This month, the FCBA’s CLE pro- © copyright 2005 gram begins in earnest, with a range of programs and activities (including CLEs on appellate litigation, transactional practice 1020 19th Street, N.W. issues and the Sunshine Act). Thanks to CLE Committee co- Suite 325 chairs Jennifer Manner, Genie Barton, and Frank Jazzo for Washington, D.C. 20036-6101 their leadership, as well as to the substantive practice commit- Phone: (202) 293-4000 tees for their planning and implementation efforts. Fax: (202) 293-4317 E-mail: [email protected] SOME HIGHLIGHTS: Website: http://www.fcba.org I The new Judicial Practice Committee, led by Sam Feder, OFFICERS Robert Pettit, and John Rogovin, launches its first CLE program this month focusing on Michele C. Farquhar ”Practical Tips for Appellate Litigation and FCC Advocacy” on November 10. President I The CLE Committee’s November 29 event on “The Ongoing Debate Over the Sunshine Jennifer A. Warren Act” represents the bar’s first in-depth look at this widely known but little understood President-Elect statute, and will explore the concerns driving current reform efforts (as well as the Anita L. Wallgren potential obstacles to change). Secretary I On November 30, the FCBA launches its first of several new educational lunch panel programs with “War of the Worlds,” featuring four ”think tank” and public interest Sheryl J. Wilkerson group leaders representing diverse perspectives. Next year this series will feature lun- Assistant Secretary cheon panels of former FCC Chairmen, communications industry general counsels, Mark D. Schneider State PUC Commissioners, and journalists who report on the industry. Thanks to Treasurer Bryan Tramont, Speakers Committee chair, for initiating this creative program. Richard S. Whitt Watch for future announcements. Assistant Treasurer I Kudos to the International Telecommunications Committee, led by Paul Margie, Ari Fitzgerald, and Tricia Paoletta, for their work on two successful lunches and one EXECUTIVE COMMITTEE CLE already this fall, and to the Transactional Practice Committee – led by Howard Liberman, Paul Schwartz, and Stuart Shorenstein, for their efforts in planning two Carolyn W. Brandon upcoming CLEs. More CLEs to come. . . Sally A. Buckman Anna M. Gomez Finally, this coming year marks the sixth anniversary of our annual Communications Law Cheryl A. Leanza 101 program, aimed at serving the educational and training needs of new communica- Harry C. Martin tions law practitioners. We are seeking co-chairs as well as committee members to launch Laura H. Phillips this coming year’s effort, with input and support from both the Young Lawyers’ Lauren M. Van Wazer Committee and the CLE Committee. Please contact me, Natalie Roisman, or Genie Ryan G. Wallach Barton if you are interested in assisting – this is an excellent opportunity to play a leader- Harry Wingo ship role – no prior FCBA experience required! Christopher G. Wood

Michele C. Farquhar CHAPTER REPRESENTATIVES Judith A. Endejan William Levis National Telecommunications Moot Court DELEGATE TO AMERICAN Competition - Call for Volunteers BAR ASSOCIATION Brooks E. Harlow The FCBA and The Catholic University Columbus School of Law will co-sponsor the 2006 National Telecommunications Moot Court Competition to be held February YOUNG LAWYERS 3-4. This year’s competition centers on the (fictional) adoption of Federal REPRESENTATIVE Communications Commission rules that require cable and DBS systems to permit sub- scribers to purchase the service provider’s family-friendly channels on a dedicated pro- Pam F. Slipakoff gramming tier. Participating teams will analyze constitutional and administrative law issues attendant to FCC enactment of such a family-friendly programming scheme. EXECUTIVE DIRECTOR This year’s competition arises out of ongoing debates over whether cable and satellite Stanley D. Zenor providers should be required to offer “a la carte” channels as part of their video service packages, and out of the concerns some consumers have voiced over their perceived DEPUTY DIRECTOR inability to sufficiently control the content of programming their families receive. The Heidi M. Kurtz FCBA Moot Court Committee seeks volunteers to help prepare the problem and administer the competition. If you have expertise with these issues, or a general will- Editor - Heidi M. Kurtz ingness to assist in the preparation of the problem, bench brief and related tasks, your Photographer - Mark Van Bergh contribution is needed. Please contact Mia Hayes at [email protected] for more information. Password as of November 10, 2005: 156

FCBA NEWS 2 NOVEMBER 2005 SPECIAL Events Successful FCBA Fall Reception held on October 20

The FCBA is pleased to announce its annual Fall reception with the FCC Bureau Chiefs held on Thursday, October 20, was the most successful in its three year history. Over 300 people and all the Bureau Chiefs attended. There were also a record number of sponsorships this year.

Thank You Fall National Association of Broadcasters Davis Wright Tremaine LLP NCTA Drinker Biddle & Reath LLP Reception Sponsors! Qwest Communications du Treil, Lundin & Rackley, Inc. International, Inc. Ericsson Inc. GOLD SPONSORS SBC Services Inc. Fletcher, Heald & Hildreth, PLC Arnold & Porter LLP Sidley Austin Brown & Wood LLP Garvey Schubert Barer BellSouth Corporation Skadden Arps Slate Meagher Inmarsat, Inc. Bennet & Bennet, PLLC & Flom LLP Intelsat Global Service Corporation Cingular Wireless Squire, Sanders & Dempsey LLP Irwin, Campbell & Tannenwald, P.C. CTIA - The Wireless Association T-Mobile USA Law Office of Michael D. Berg DLA Piper Rudnick Gray Cary US LLP United States Telecom Association Leventhal Senter & Lerman PLLC Dow, Lohnes & Albertson, PLLC Univision Communications Inc. Lucent Technologies Goldberg, Godles, Wiener & Wright Verizon Communications Microsoft Corporation Harris, Wiltshire & Grannis LLP Wiley Rein & Fielding LLP Mobile Satellite Ventures LP Hogan & Hartson LLP Wilkinson Barker Knauer, LLP Motorola Holland & Knight LLP TerreStar Networks Inc. Kelley Drye & Warren LLP SILVER SPONSORS USA Mobility, Inc. Lockheed Martin Corporation Alcatel Wireless Communications Association MCI, Inc. BIA Financial Network International Morrison & Foerster, LLP Cole, Raywid & Braverman, LLP Ygomi LLP

FCBA NEWS 3 NOVEMBER 2005 COMMITTEES AND CHAPTERS in the Spotlight

(This new feature will run throughout the coming year to highlight each of the substantive committees and chapters.)

Photos by Mark Van Bergh

Atlanta Chapter

The Atlanta Chapter had an active and successful year in 2004-2005, begin- ning with a Holiday Happy Hour in December 2004, and continuing with two substantive events.

In June 2005, the Chapter held a reception hosted by Duane Morris LLP, featuring a presentation by Chris Jones, Regional Director of External Affairs, Verizon Wireless on the com- munications-related legislation consid- Atlanta Chapter Co-chairs: Don Hackney, Ron Jackson, Richard Keck and Michael Rosenthal ered in the 2005 Session of the Georgia General Assembly.

In September 2005, the Chapter spon- sored a panel discussion of the busi- ness and regulatory impact of the US Supreme Court’s Brand X decision. The program featured as panelists Dave Baker, Vice President, Law and Public Policy, EarthLink; Pete Martin, Vice President, Regulatory and External Affairs, BellSouth; and Chad Wachter, General Counsel, Knology. With last-minute help from BellSouth, we were able to move the venue of this program so that interested attendees could also attend the FCC’s September 2005 Open Meeting which had been moved to Atlanta to assess the response of industry and government to Hurricane Katrina.

The Chapter plans to kick off the com- ing year with a January program to consider the findings and recommen- Cable Practice Committee Co-chairs: Ben Golant, To-Quyen Truong and Frank Buono dations of Georgia’s Joint House and Senate Emerging Communications ership team now includes Don Technologies Study Committee, which Hackney, Arnall, Golden & Gregory Cable Practice are expected to be published in LLP; Ron Jackson, Sapranov & Committee December 2005. Associates, P.C.; Richard Keck, Duane Morris LLP; and Michael Rosenthal, The Cable Practice Committee is co- The Chapter also strengthened its Director of Legal and External Affairs, chaired by Ben Golant of the FCC’s leadership this past year, adding two SouthernLINC. Media Bureau, Frank Buono of Willkie additional co-chairs, so our local lead- Farr & Gallagher LLP, and Quyen

FCBA NEWS 4 NOVEMBER 2005 COMMITTEES AND CHAPTERS in the Spotlight

Truong of Dow Lohnes & Albertson PLLC. Anita Wallgren of Sidley Austin Brown & Wood serves as the Executive Committee Liaison for the Committee.

We have relied upon the Committee’s membership in developing our meet- ing agenda for this year. We started with a survey that was emailed to every Committee member asking them to rank on a scale of 1 to 10 their level of interest in a number of possible speakers and subjects for future brown bag lunches, meetings, and CLEs. We held our first organizational meeting on September 26th at Willkie Farr & Gallagher to discuss the results of the survey and other ideas. Thanks to sig- nificant input from those who returned the survey, as well as sugges- tions from attendees at that meeting, the Co-Chairs have a course of action Mass Media Practice Co-chairs: John S. Logan, Erin Dozier, Ann Bobeck and Robert Rini for the next eight months. [email protected], or Quyen focusing on the FM streamlining/allo- Continuing a popular tradition, we Truong at [email protected], if cations proceeding. Location and time plan to hold several brown bag lunch- you wish to help us in our organiza- is tentatively set for November 15 at es with government officials who have tional efforts. NAB, but please check your email for a significant influence on the cable future announcements. In December and telecommunications industries, we have two events planned: First, including guests from the Chairman’s Mass Media Practice we’ll be joining other practices in the Office and other Commissioners’ Committee December 1st CLE “Regulation in the Offices, the Media Bureau, the Post-Katrina Environment.” And in Wireline Competition Bureau, other The Mass Media Practice Committee is mid-December the Practice will hold parts of the Commission, and co-chaired by Ann Bobeck of NAB, its annual “Meet the Trade Press Congressional staff. We also intend to Erin Dozier of FCC, Media Bureau, Luncheon.” host rigorous debates on policy issues John S. Logan of Dow, Lohnes & such as program access and new video Albertson PLLC, and Bob Rini of Rini The committee is very interested in deployments, and to provide a forum Coran PC. For the 2005-2006, we are hearing ideas for topics/panelists for for discussion of legislation pending busy planning a series of brown bag 2006, and we welcome your input – before Congress that affects the media luncheons on hot regulatory topics please don’t be shy! Email your sug- and telecommunications sectors. before the FCC. We kicked off the gestions or questions to Ann Bobeck Finally, we are considering various season with “Meet the Media Bureau ([email protected]), Erin Dozier possible topics for a CLE program, Chief” on October 17. Many thanks to ([email protected]), John S. Logan such as “The First Amendment and Donna Gregg and her colleagues for ([email protected]) or Bob Rini the Electronic Media” and “Top 25 making our luncheon a very enlight- ([email protected]). Issues Every Cable Attorney Should ening and widely attended event. Know About.” We are open to joint sponsorship of these CLEs and meet- On October 30, we are hosting the Relations with Other ings and will gladly participate in FCBA’s monthly volunteer outing at Bar Associations other Committees’ educational efforts Martha’s Table. For more information that intersect with the interests of the contact Erin Dozier at Committee cable industry. [email protected]. The Relations with other Bar Associations Committee is co-chaired Please contact Ben Golant at Next up for November, our committee by S. Jenell Trigg of Leventhal Senter [email protected], Frank Buono at is planning a brown bag luncheon & Lerman PLLC, Mark Del Bianco of FCBA NEWS 5 NOVEMBER 2005 COMMITTEES AND CHAPTERS in the Spotlight

Relations with Other Bar Associations Committee Co-chairs: Edgar Class, Mark Del Bianco and Jenell Trigg the Law Office of Mark Del Bianco, Convention in July 2006, (2) a CLE on new to the bar. Although YLC efforts and Edgar Class of Vinson & Elkins computer privacy, Internet data and generally are targeted to this population, LLP. The purpose of the Committee is security breach issues in conjunction all FCBA members are welcome at YLC to nurture relations with other bar with the ABA’s Communications Law events! Unlike other FCBA committees, associations and organizations to facil- Forum; and (3) a seminar on broad- YLC co-chairs are elected by the itate the coordination of various band over powerline business and reg- membership of the YLC. Elections are events, including CLEs and brown bag ulatory developments in conjunction held in May and each co-chair serves a lunches. The Committee also seeks with the Energy Bar Association. staggered two-year term. This ensures increased FCBA exposure to and cross- that the YLC has year-round continuity promotional opportunities with other FCBA Committees seeking opportuni- in its programming and outreach efforts. organizations. ties to coordinate, host or sponsor events with other bar associations and Each month, the YLC hosts a brown bag This year the Committee is coordinat- organizations are strongly encouraged luncheon focused on a substantive ing a number of events, including a to contact S. Jenell Trigg at strigg@ communications issue or career CLE teleseminar titled Port Blocking, lsl-law.com or 202-416-1090, Mark Del development and opportunities. The Packet Discrimination and Naked DSL: Bianco at [email protected] or YLC draws on its membership to assist A Primer on Antitrust in the 301-933-7216, or Edgar Class at in planning and organizing these brown Broadband/Internet Protocol World after [email protected] or 202-639-6774. bag luncheons, thereby facilitating the Trinko. The teleseminar, which is host- participation of members other than the ed by the ABA’s Antitrust Section’s co-chairs and helping to identify future Computers and Internet Committee Young Lawyers leaders of the YLC and the FCBA. Since and co-sponsored by our Wireless, Committee the YLC elections in May, the YLC has Common Carrier and IP-based hosted four brown bag lunches. The Communications Committees, is ten- The Young Lawyers Committee (YLC) June lunch featured financial analysts tatively scheduled for January 2006. is co-chaired by Jason Friedrich of explaining the impact of Stay tuned for details! Also upcoming Drinker Biddle & Reath LLP and telecommunications regulation on in April 2006 is the 25th Annual Legal Natalie Roisman of the FCC’s Media investors. In July, a panel of VoIP, cable, Forum Representing Your Local Bureau. The YLC membership includes RBOC, and wireless carrier Broadcaster hosted by the ABA’s communications attorneys and other representatives joined a Hill staffer in Communications Law Forum and co- professionals under the age of 35 or discussing whether the information sponsored by the ABA, FCBA and with fewer than eight years of practice services/telecommunications services NAB. The Committee is also working in communications. The YLC provides regulatory dichotomy can survive in an on other potential events that include: opportunities for networking, social IP world. Like the rest of DC, the YLC (1) a seminar with the National Bar interaction, and professional took a break in August, but returned in Association at its 80th Annual development that are tailored to those September with a panel discussion of

FCBA NEWS 6 NOVEMBER 2005 COMMITTEES AND CHAPTERS in the Spotlight cable and broadband rules governing IPTV, municipal competition, and local video regulation. In October, the YLC focused on career development, co- sponsoring a luncheon with the Diversity Committee to welcome new lawyers and law students to the communications bar. Check the FCBA website and future issues of the newsletter for information on upcoming YLC brown bag luncheons.

The YLC also joins the Diversity Committee in organizing career development events for law students and young lawyers. In past years, the YLC and the Diversity Committee have co-sponsored a series of career panels at each of the area law schools, and the Young Lawyers Committee Co-chairs: Natalie Roisman and Jason Friedrich YLC will be involved in this effort again this year. The YLC also is working with and socialize. You are never too young Last, but certainly not least, the YLC’s the Diversity Committee to implement to be a young lawyer! Practice largest single endeavor of the year is the the FCBA’s new mentoring initiative, committees interested in co-sponsoring planning of the annual FCBA Charity which was introduced at the a happy hour should contact one of the Auction. The YLC, in conjunction with YLC/Diversity Committee October YLC co-chairs. the FCBA Foundation, selects the brown bag lunch. beneficiary, organizes the event, and The YLC engages in fundraising and solicits prizes. The 16th Annual FCBA This year, the YLC is working with the community outreach efforts, often in Charity Auction will be held on CLE Committee to plan Comm Law conjunction with the FCBA November 17, 2005. Proceeds will 101. This program, which will be held Foundation. For example, the YLC is benefit Kids Enjoy Exercise Now in early 2006, is intended to provide selling polo shirts embroidered with the Greater D.C. (KEEN). This year’s guidance for practitioners who are new FCBA logo to benefit the Foundation. Auction Committee members are: to the communications bar. Please The YLC also has worked with the Jason Friedrich; Natalie Roisman; Ryan contact one of the YLC co-chairs if you Foundation to plan several events for Wallach; Mark Van Bergh; Debrea are interested in helping to organize this children from Martha’s Table, including Terwilliger; Pam Slipakoff; Lee Petro; event. a trip to a Washington Nationals game Adam Kirschenbaum; Paige and a visit to a pumpkin picking farm. Fronabarger; Chris Fedeli; David Don; In addition to brown bag luncheons and The YLC needs volunteers to attend and Heidi Kurtz of the FCBA. other substantive communications and events such as these! Check the FCBA Opportunities are still available to career development events, the YLC website and future issues of the volunteer the night of the Auction! regularly hosts happy hours to provide newsletter for information on upcoming Email [email protected]. YLC members with an opportunity to community outreach events. network and socialize. These happy The YLC is always interested in new hours are held in a variety of locations For the third year in a row, the YLC faces and new ideas for educating law throughout the city to maximize plans to actively recruit members to students and young lawyers, developing attendance, and are well attended by attend the FCBA Annual Seminar and to young leaders in the communications FCBA members, law students, and other offer room-sharing and ride-sharing bar, and increasing fundraising and prospective members of the FCBA. This programs to encourage attendance by community outreach by the YLC. year, the YLC hopes to co-sponsor one YLC members. The YLC is working Please contact Jason Friedrich or more happy hours with substantive with the Annual Seminar planning ([email protected]) or Natalie practice committees of the FCBA, committee to organize activities at the Roisman ([email protected]) if thereby expanding opportunities for Annual Seminar and facilitate you have any questions or suggestions YLC members to interact with other interaction among YLC members and or if you would like to volunteer to FCBA members and offering non-YLC more senior members of the assist the YLC in organizing events. members an opportunity to network communications bar.

FCBA NEWS 7 NOVEMBER 2005 COMMITTEE AND CHAPTER Events

Cable Practice Committee Florida Chapter Professional Responsibility Committee Event: Brown Bag Lunch Event: CLE Seminar and Lunch Date/Time: Tuesday, November 15, 12:15 Date/Time: Friday, November 4, 9:00 a.m.- Event: Brown Bag Lunch p.m. 1:00 p.m. Date/Time: Thursday, November 10, 12:30 Location: Dow Lohnes & Albertson PLLC, Location: Magoo’s Cafe at the Florida PSC p.m. 1200 New Hampshire Ave. NW, Suite 800 Office Complex, 4055 Esplanade Way, Location: Wilkinson Barker Knauer, LLP, Speakers: Catherine Bohigian - Acting Tallahassee, FL 2400 N Street, NW, 7th Floor Chief, FCC Office of Strategic Planning & Topic: Florida’s Telecommunications Future: Topic: meeting to consider a recommendation Policy, Heather Dixon - Media Legal Advisor, Rate Rebalancing and Universal Service to the FCBA Executive Committee for further FCC Office of the Chairman For More Info: Complete information on action by the Association on the proposed Topic: Regulatory Issues & Developments pages 9 and 18 rules. (see related info on page 9). RSVP to: Quyen Truong at RSVP to: Tina Screven [email protected] IP-Based Communications ([email protected]) Practice Committee FCC Enforcement Committee Wireless Telecommunications Event: Save the Date! Practice Committee Event: Brown Bag Lunch Date/Time: Friday, January 20, 2006 Date/Time: Wednesday, November 9, 12:30 Topic: Legislative Reform Affecting IP Based Event: Luncheon p.m. Services Date/Time: Friday, November 4, Noon Location: Wilmer Cutler Pickering Hale and Location: Sidley Austin, 1501 K Street, NW, Dorr, 1801 Pennsylvania Avenue, NW, 13th Fl. Midwest Chapter 6th Fl. Speaker: Kris Monteith, Chief of the FCC Topic: Mobile Content Enforcement Bureau Event: Luncheon Confirmed speakers: Mark Desautels, VP For More Info: Bradford Berry – Date/Time: Thursday, November 17, Noon Wireless Internet Development, CTIA – The [email protected] Location: Kelley Drye & Warren, LLP, 333 Wireless Association and Jim Healy, VP, RSVP to: Margaret Davis – West Wacker Drive, Suite 2600, Chicago, IL Business Alliances, T-Mobile USA, Inc., Michael [email protected] Speaker: James Crawford of Frontenac Kende, Principal Consultant, Analysys Investments Consulting and Dean Brenner, Sr. Director, Topic: IPT/VoIP Government Affairs, Qualcomm Cost: none – Sponsored by Kelley Drye & Cost: $15.00 Warren, LLP RSVP to: use form on page 17 RSVP to: Carmen Bye – [email protected]

Foundation. Last year, the Sponsors tickets to the dinner. 19th Annual contributed more than $37,000.00 to Chairman Martin was nominated by Chairman’s Dinner the Foundation. President George W. Bush to a This money was Republican seat on the Commission, on December 8 used to fund and was sworn in on July 3, 2001. He scholarships for was designated chairman by President SThe 19th Annual FCBA Chairman’s college-bound Bush on March 18, 2005. Dinner where invited guest of honor, students from FCC Chairman Kevin J. Martin, will area high Before joining the FCC, Martin was a give remarks, will be held on schools, and for Special Assistant to the President for Thursday, December 8, at the summer intern- Economic Policy. He served on the Washington Hilton & Towers. Don’t ships for law stu- Bush-Cheney Transition Team and was miss this premiere, annual FCBA Kevin J. Martin dents. Sponsors Deputy General Counsel for the Bush event. will receive recognition in the FCBA campaign. Prior to joining the cam- News, the dinner program, and a slide paign, Martin was an advisor to FCC Individual tickets are priced at $180.00 show at the event. Commissioner Harold Furchtgott- for members, $275.00 for non-mem- Roth. He has also served in the Office bers, and $100.00 for government/aca- The Chairman’s Dinner sells out of the Independent Counsel and demic attorneys. Tables of 10 may be each year, so be sure to make your worked as an associate at the requested for $1,800.00. In addition, reservations early. Reservations and Washington, DC law firm of Wiley, the FCBA is offering an opportunity for payment must be received no later Rein & Fielding. Before joining Wiley, our members to contribute to the FCBA than Friday, November 18, 2005. Rein & Fielding, Martin was a judicial Foundation as Sponsors of the Seating is reserved and tickets to the clerk for U.S. District Court Judge Chairman’s Dinner by purchasing tables dinner will be mailed the week of William M. Hoeveler, Miami, FL. of ten at $2,150.00 per table, $350.00 November 28th. Please use the regis- of which will be donated to the tration form on page 20 to order CONTINUED ON PAGE 13 þ

FCBA NEWS 8 NOVEMBER 2005 COMMITTEE AND CHAPTER News

FCC Introduces New Florida Office of the Public Counsel, The “Proposed Amendments to the the Florida Attorney General, and the District of Columbia Rules of ECFS Search FCC. For more information, contact Professional Conduct: Final Report Refinement Tool FCBA co-chair: Will Cox, (941) 364- and Recommendations” are available 2733, [email protected]. A registra- on the D.C. Court of Appeals’ website The FCC has responded to a concern tion form is on page 18. at http://www.dcappeals.gov/ raised by the FCBA Access to Records dccourts/appeals/orders/rpc(red- Committee regarding the inundation DC Court of Appeals Accepts line).pdf of docketed proceedings with numer- Comments on Proposed Amendments ous brief comment filings that make it to the DC Rules of Professional difficult to effectively monitor FCC Conduct. New England proceedings. The Commission has made available on the ECFS web page The District of Columbia Court of Chapter Update a tool that will enable the public to Appeals has announced the opening of Following successful Broadband over sort out many of these short text mes- the comment period on proposed Powerline and recent VoIP panel sages that have contributed significant- amendments to the District of events, during the afternoon of ly to the increased number of filings in Columbia Rules of Professional October 19, 2005, the New England docketed proceedings. The new search Conduct. The Board of Governors of Chapter had another successful panel tool appears as a search option in ECFS the District of Columbia Bar recom- event in its “Cutting Edge” at “Block 15” and is entitled “Eliminate mended the proposed amendments to Technology Series, this time looking at Brief Text Comments.” By checking the Court of Appeals for adoption, three forms of wireless broadband: this box, your search will exclude text after consideration of the report and WiFi, WiMAX, and Ultra-wideband. messages, which will eliminate from a recommendation of the Bar’s Rules of The event was hosted by the law firm docket sheet any filings made through Professional Conduct Review of Mintz, Levin, Cohn, Ferris, Glovsky ECFS that use only the cover/comment Committee. The FCBA filed com- and Popeo, P.C. on the 38th Floor of sheet in ECFS and do not include a ments on the proposed rules, but the their beautiful Boston offices. separate document. It is estimated, for requested changes have not been example, that in an inundated docket included in the Board of Governor’s After a brief introduction, Julius containing 200,000 documents, a recommendation. (Julie) Knapp, Deputy Chief of the streamlined search using this new tool FCC’s Office of Engineering and would screen out approximately A copy of the FCBA’s comments are Technology started the event with a 180,000 of those documents. found at http://www.fcba.org/events/ wonderful primer on how the three technologies worked and were differ- The deadline for filing comments with ent from one another. Florida Chapter the Court on the proposed amend- ments is December 5, 2005. The After Julie’s presentation, the first Seminar on FCBA’s Professional Responsibility panel took place, a Business/Technical Committee will be meeting on November 4 panel moderated by Doug Denny- Thursday, November 10, 2005 Brown, General Counsel for RNK The Florida Chapter will be hosting a beginning at 12:30 pm at the offices Telecom, which represented a group of seminar and lunch on Friday, of Wilkinson Barker Knauer, LLP entities offering and using the different November 4, from 9:00 to 1:00 p.m. at (2400 N Street, NW), to consider a types of technologies, including: Magoo’s Café at the Florida Public recommendation to the FCBA TowerStream, a WiMAX provider, rep- Service Commission Office Complex, Executive Committee for further resented by Jeff Thompson, President 4055 Esplanade Way, Tallahassee, FL. action by the Association on the pro- and COO — Tropos Networks, a The program is, “Florida’s posed rules. Members of the FCBA maker of WiFi “mesh” networks, rep- Telecommunications Future: Rate who are interested in assisting the resented by John E. Logan, Outside Rebalancing and Universal Service.” Professional Responsibilty Committee Counsel and Consultant — Sprint- Florida CLE Credits are being applied in shaping this recommendation may Nextel, a provider of retail and whole- for. attend the Committee’s meetings or sale wireless broadband solutions, rep- otherwise contact its Co-Chairs Peter resented by Paul McCarthy, Director of Confirmed and Invited Speakers Connolly, Rosemary Harold or Larry Licensee Relations/Spectrum include Florida PSC Staff and General Movshin. Please RSVP to Tina Screven Management — and the City of Counsel and Representatives from ([email protected]) if you plan Malden, Massachusetts, one of a few AT&T, Sprint, Verizon, National to attend the Committee meeting on cities in the country currently piloting Exchange Carrier Association, the November 10.

FCBA NEWS 9 NOVEMBER 2005 COMMITTEE AND CHAPTER News

New England Chapter Co-chairs: Stacey Parker, Cynthia Larose and Doug Denny-Brown and Julius Knapp Doug Denny-Brown

After the event, many of the speakers and attendees were able to meet and chat informally with tasty hot hors d’oeuvres and cocktails.

Rocky Mountain Chapter

The Silicon Flatirons, in cooperation with the Rocky Mountain Chapter, present a series of seminars in 2005- 2006. Silicon Flatirons telecommuni- cations program Conference Schedule: www.silicon-flatirons.org. Upcoming events include: Monday, November 7 – Commercial Opportunities at the Technological Frontier: Building a Company Around New Internet Business/Technical Panel Technologies, Tuesday, November 15 – Telecom’s Brave New World: the 32nd Annual Austin N. Scott Jr. a municipal WiFi network, represent- Bob Calaff, Director of Federal Memorial Lecture Presented by Prof. ed by Anthony Rodrigues, Director of Regulatory Affairs for T-Mobile; Trey Phil Weiser, and February 19-20 – Information Technology. Hanbury, Senior Counsel for Sprint- The Digital Broadband Migration: Nextel; and John E. Logan, Outside Confronting the New Regulatory After a brief break, our second panel, a Counsel for Tropos Networks. Besides Reforms. Legal/Regulatory panel, addressed excellent presentations describing legal and regulatory issues relevant to their products and services and how the technologies and their roll out, they work and are regulated, attendees such as regulation, spectrum alloca- got some helpful insight from both tion issues, and municipal wireless panels on the future of the technolo- broadband. The panel was moderated gies and potential integration, and by Russell Fox, a Partner from the law markets that might support them. firm of Mintz, Levin, with, as speakers,

FCBA NEWS 10 NOVEMBER 2005 CLE Seminars

All registration information for these CLE November 16, 7:15 p.m. Seminars is on page 17. 3. Commitments 6:00 – 8:15 p.m. – A. Need for some form of (2.0 credits) traffic/revenue commitment. November 10, B. Minimum revenue 6:00 – 8:15 p.m. Negotiating commitments/shortfall charges. (2.0 credits) C. Exclusivity. Telecommunications D. Partial reductions in volume/early Service Agreements for termination charges. Practical Tips for E. Double recovery when the Enterprise Client termination charges and shortfall Appellate Litigation and charges are both present. FCC Advocacy 6:00 p.m. F. Necessity for ramp up and ramp down periods WHAT WE ARE TALKING ABOUT HERE 6:00 – 6:05 p.m. G. Extension of ramp up period for A. What constitutes an enterprise implementation delay or non- PROGRAM INTRODUCTION agreement? acceptance. Sam Feder, FCC General Counsel B. What drives companies to pursue H. Reductions in commitment due to enterprise agreements? partial termination; divestiture; 6:05 – 7:05 p.m. C. What makes telecom enterprise technology migration, etc.. PANEL ONE: BRIEFING AND ARGUING agreements unique (or at least I. Business downturn clause FCC CASES unusual) 4. Implementation Issues. Panelists: A. Developing a transition plan and Michael Kellogg, Kellogg, Huber, 6:15 p.m. implementation schedule. Hansen, Todd & Evans, PLLC KEY ISSUES AND HOT TOPICS IN B. Remedies for delay. Andrew McBride, Wiley, Rein & ENTERPRISE TELECOM AGREEMENTS C. Acceptance testing process. Fielding LLP D. Remedies for non-acceptance. Donald Verrilli, Jr., Jenner & Block LLP 1. The Negotiation Process. 5. Termination Rights. Moderator: John Rogovin, Wilmer A. The key contract documents. A. Material breach. Cutler Pickering Hale and Dorr LLP B. Bid and proposal process. B. Partial vs. total termination 2. Pricing and Payment Issues. C. Termination for Convenience. 7:05-7:15 A. Date of Bill or Receipt of bill? D. Early termination charges. BREAK B. Pricing mechanisms. 6. External documents. C. Taxes and regulatory charges; A. Dealing with the service guide. 7:15-8:15 p.m. markup; permissive v. mandatory B. Acceptable use policies. PANEL TWO: INTERACTING D. Disputed payments; backbilling v C. Referenced documents, such as WITH THE FCC IN APPELLATE audit periods. technical specifications. CASES E. Rate reviews and benchmarking. D. Tariffs. Daniel Armstrong, FCC Associate F. Currency exchange issues General Counsel 8:15 p.m. Andrew Tollin, Wilkinson Barker 7:00 p.m. FINAL COMMENTS Knauer, LLP BREAK Paul Werner, Hogan & Hartson, LLP Moderator: Robert Pettit, Wiley Rein & Fielding LLP November 29, 12:00 – 1:30 p.m. (1.5 Credits)

Federal Communications Law Journal Panel: Revisiting the Sunshine Act, a Seeking Book Reviewers panel moderated by Randy May of the Progress and Freedom Foundation with Wanting to be published? The Federal Communications Law Journal is looking other speakers to TBA. Presented by the for willing authors to review pertinent and timely books on communications CLE Committee. More info coming law. If you are interested, please contact Catherine Matthews, Review Editor, at soon! [email protected].

FCBA NEWS 11 NOVEMBER 2005 TELECOMMUNICATIONS POLICY AND REGULATION XXIII: December 8-9, 2005 December 8-9, 2005: 4. Connie O. Hughes, Commissioner, Thursday, N.J. Board of Public Utilities Annual December 8, 2005 5. Eugene Kimmelman, Senior Director Telecommunications of Public Policy Advocacy, Consumers 9:00 a.m. Union Conference WELCOME 6. Bennett L. Ross, General Counsel, Michele C. Farquhar, President, Federal BellSouth D.C., Inc. This is the final notice for the 23rd Communications Bar Association, annual Federal Communications Bar Fletcher, Hogan & Hartson LLP 12:30 p.m. Association/Practising Law Institute on Howard G. Maurer, Program Attorney, LUNCHEON “Telecommunications Policy and Practising Law Institute David Dorman, Chief Executive Officer, Regulation”. AT&T The program will be keynoted by FCC 9:15 a.m. Moderator: R. Clark Wadlow, Sidley, Chairman Kevin Martin and FEDERAL COMMUNICATIONS Austin, Brown & Wood Commissioner Michael Copps, with COMMISSION KEYNOTE David Dorman, Chairman and CEO of Honorable Kevin J. Martin, Chairman, 2:00 p.m. AT&T Corp, as a featured luncheon Federal Communications Commission WIRELESS TUTORIAL speaker. Other highlights include four Chief, Wireless Telecommunications panel discussions dealing with wireline 9:50 a.m. Bureau, Federal Communications telephony, wireless telecommunica- CONGRESSIONAL PANEL Commission (To be Named) tions, Internet developments and the 1. Johanna Shelton, House Commerce telecommunications future. The Committee (D) 2:30 p.m. Institute will also feature tutorials by: 2. Lisa Sutherland, Senate Commerce PANEL #2: WIRELESS Thomas Navin, Chief of the FCC Committee (R) TELECOMMUNICATIONS Wireline Competition Bureau; the to- 3. Howard Waltzman, House Commerce FCBA Co-Moderators: be-named Chief of the FCC’s Wireless Committee (R) 1. John B. Muleta, Venable LLP Telecommunications Bureau; and 4. Rachel Welch, Senate Commerce 2. R. Clark Wadlow, Sidley Austin Brown Vinton Cerf, Vice President of Google. Committee (D) & Wood Additionally, Donald Abelson, Chief of Moderator: Richard E. Wiley, Wiley Panelists: the FCC’s International Bureau, and Rein & Fielding LLP 1. Carolyn W. Brandon, Vice President, David Gross, Deputy Assistant Policy, CTIA – The Wireless Association Secretary of State, will engage in a dis- 10:45 a.m. 2. Dale N. Hatfield, Professor Adjunct, cussion on international issues. BREAK Department Interdisciplinary Telecom, Once again, the conference agenda will University of Colorado include a debate – this year, on “The 11:00 a.m. 3. Leonard J. Kennedy, General Counsel Coming Broadband Battle: Cable vs. WIRELINE TUTORIAL and Senior Vice President, Nextel Telephone”, with Thomas Tauke, Thomas J. Navin, Chief, Wireline Communications, Inc. Senior Vice President, Public Policy and Competition Bureau, Federal 4. Michael D. Kennedy, Corporate Vice External Affairs, Verizon Communications Commission President & Director of Global Communications, Inc. facing off against Government Relations, Motorola Joseph Waz, Jr., Vice President, 11:30 a.m. 5. Cheryl A. Leanza, Principal Legislative External Affairs & Public Policy PANEL #1: WIRELINE Counsel for Telecommunications, Counsel, Comcast Corporation, with TELEPHONE DEVELOPMENTS National League of Cities Jennifer Warren, FCBA President- FCBA Co-Moderators: 6. Barry J. Ohlson, Legal Assistant to Elect, serving as moderator. FCBA 1. John T. Nakahata, Harris, Wiltshire & Commissioner Jonathan Adelstein, President Michele Farquhar will open Grannis LLP Federal Communications Commission the Institute, and Henry Rivera, Clark 2. Henry M. Rivera, Vinson & Elkins Wadlow and Dick Wiley, of the FCBA’s Panelists: 3:30 p.m. Conferences Committee, will serve as 1. Michelle M. Carey, Legal Advisor, BREAK Institute Co-chairs. In addition, a Chairman Kevin J. Martin, Federal number of Association members will Communications Commission 3:50 p.m. moderate various program segments. 2. Scott C. Cleland, Chief Executive TUTORIAL ON INTERNET Officer, Precursor Group DEVELOPMENTS 3. Earl W. Comstock, President & Chief Vinton Cerf, Senior Vice President, Executive Office, CompTel/ALTS Technology Strategy, MCI

FCBA NEWS 12 NOVEMBER 2005 TELECOMMUNICATIONS POLICY AND REGULATION XXIII: December 8-9, 2005

Respondents: 9:20 a.m. Counsel, Comcast 1. Jack Krumholtz, Managing Director, DISCUSSION OF Moderator: Federal Government Affairs and Associate INTERNATIONAL ISSUES Jennifer A. Warren, Federal General Counsel, Microsoft Corporation Panelists: Communications Bar Association 2. Paul E. Misener, Vice President, Global 1. Donald Abelson, Chief, International President-Elect Public Policy, Amazon.com Bureau, Federal Communications 3. Peter K. Pitsch, Director of Commission 11:30 a.m. Communications Policy, Intel 2. Ambassador David A. Gross, PANEL #4: Corporation Coordinator for International TELECOMMUNICATIONS Moderator: Henry M. Rivera, Vinson & Communication and Information FUTURE Elkins Policy, U.S. Department of State FCBA Co-Moderators: Moderator: Kurt A. Wimmer, Covington 1. Cheryl A. Tritt, Morrison & Foerster 4:40 p.m. & Burling 2. Richard E. Wiley, Wiley Rein & CLOSING REMARKS Fielding LLP Michael D. Gallagher, Assistant Secretary 10:00 a.m. Panelists: of Commerce for Communications and TUTORIAL ON FEDERAL 1. Mark Coblitz, Senior Vice President, Information and Administrator, National COMMUNICATIONS Strategic Planning, Comcast Telecommunications and Information COMMISSION LEGAL ISSUES 2. Peter M. Fannon, Vice President, Administration, U.S. Department of Samuel Feder, Acting General Counsel, Technology Policy & Regulatory Affairs, Commerce Federal Communications Commission Panasonic 3. Bruce A. Franca, Deputy Chief, 5:00 p.m. 10:30 a.m. Office of Engineering & Technology, ADJOURNMENT BREAK Federal Communications Commission 4. Anna Marie Kovacs, Regulatory 10:45 a.m. Sources Associates Friday, DEBATE: “THE COMING 5. Dr. Robert M. Pepper, Chief, Office of December 9, 2005 BROADBAND BATTLE: CABLE Strategic Planning and Policy Analysis, VS. TELEPHONE” Federal Communications Commission 9:00 a.m. Thomas J. Tauke, Senior Vice 6. Michael K. Powell, Former President/Public Policy and External Chairman, Federal Communications OPENING REMARKS Affairs, Verizon Commission Michael J. Copps, Commissioner, Federal vs. Communications Commission Joseph W. Waz, Jr., Vice President 12:30 p.m. External Affairs & Public Policy ADJOURNMENT

FCC LAB TOUR þ CONTINUED FROM PAGE 1 What’s the setup. These demos and discussions will give practitioners a feel for how the work Password? at the lab is done. Participants will meet the management team at the lab and sev- eral staff members, and there will be plenty of time for discussion with staff. Some Many of you have noticed that while of the Lab’s staff will join participants for informal discussions at lunch. trying to log into the FCBA’s Online Transportation and lunch are included in the $45.00 registration fee. The bus Membership Directory: http:// will leave the FCC promptly at 8:30 a.m. and arrive back at the FCC at 2:30 p.m. www.fcba.org/directory_login.shtml, The tour is limited to 30 participants. Please use the form on page 17 to register. that a password is required. The password can be located every month on page two of the FCBA News, and will CHAIRMAN’S DINNER appear at the bottom of the masthead. þ CONTINUED FROM PAGE 8 The masthead is the box containing the list of the FCBA’s Executive Committee Martin received a B.A. from the University of North Carolina at Chapel Hill, a members. The password changes on Masters in Public Policy from Duke University, and a J.D. from Harvard Law the 10th of every month. School. He is a member of the District of Columbia Bar and the Federal Communications Bar Association.

FCBA NEWS 13 FCBA FOUNDATION News

Combined Federal For more information about the FCBA We would love to have you join us on Foundation, visit www.fcba.org/founda- one of our upcoming food runs which Campaign (CFC) tion/. are always on the 4th Sunday of the month. If you are able to volunteer for The FCBA Foundation is proud to par- one of these dates, please send an e- ticipate in this year’s Combined Federal mail to [email protected] or tvanwaz- Campaign for the National Capitol McKenna’s Wagon [email protected]. Area. Federal employees in the nation’s Seeking Volunteers capitol can now make regular tax- deductible contributions to the FCBA for November 27 Foundation through the Combined Volunteer Outreach McKenna’s Wagon is a mobile soup and Federal Campaign, providing funds to sandwich wagon that goes “on loca- for Martha’s Table – support and help expand the tion” to deliver food to the needy. For Foundation’s vital charitable work. November 27 those who have volunteered, it has been a wonderful experience and a Many of us are stretched for time these To make a pledge to the FCBA great way to help the needy in the D.C. days, but why not consider spending a Foundation, donors should use the community. few hours on a Sunday to help the FCBA Foundation’s CFC code number FCBA Foundation’s partner charities? (#7182) on their pledge cards. Pledge The Wagon is a white van that is loaded For several years now, the FCBA has cards can be obtained from your up with sandwiches, snacks and soup. been providing volunteers to Martha’s agency’s CFC campaign staff. Pledge We meet at Martha’s Table at 4:45 pm Table and McKenna’s Wagon. These cards can also be completed and print- in comfortable clothes and shoes. organizations rely on the good work of ed out online through the CFC website Martha’s Table is located in a yellow our members each month, so grab a at www.cfcnca.org. On the website, building at 2114 Fourteenth Street, friend, colleague or family member and click “Giving” and “About CFC-e” for NW, in the District, near the intersec- join your fellow FCBA volunteers! more information. tion of 14th and U Streets. On-street parking is available. Martha’s Table feeds hundreds of hun- Your donations will support the valu- gry, homeless adults and children on able work performed by the FCBA Upon arrival we get assignments (some the streets of Washington daily, through Foundation. Last year, the of us will distribute snacks and sand- its mobile soup kitchen. Children and Foundation’s work included: wiches, others will serve soup), and put friends are also welcome. We will begin on aprons before we depart in the van at 10:00 am and work until 1:00 pm. I Awarding eleven college scholarships to 5th and New York Ave., NW (near Martha’s Table is located in a yellow to D.C. public high school students the new Convention Center). We are building at 2114 Fourteenth Street, I Awarding stipends to four law school driven by one of our experienced vol- NW, in the District, near the intersec- students for unpaid government unteers and the trip to distribution tion of 14th and U Streets. On-street summer internships location takes about 10-15 minutes. parking is available. Volunteers are I Sponsoring numerous volunteer asked to bring sandwich fixings (bread events for FCBA members, including We serve about 30-75 people per visit and sandwich meat) with them, as the making meals for the homeless at including a few mothers who come for center often runs out of donated food. Martha’s Table and delivering meals food for their families. The area is well to the homeless through McKenna’s patrolled by police. The food distribu- The FCBA volunteers on the last Wagon each month tion is conducted in an efficient, calm Sunday of the month, so mark your cal- I Conducting a campaign to assist in and orderly fashion and many of the peo- endars now. For more information, relief efforts for the Indonesian ple we serve are quite appreciative of our contact Howard Weiss at 703-812-0471 Tsunami efforts. Once we serve all of the food, we — [email protected] or Heidi Kurtz at I Sponsoring the 2004 Charity Auction do a clean up of the immediate area. 202-293-4000 — [email protected]. for the Charitable Coalition for Total time for the distribution takes Children with Cancer about one hour and we usually return to Martha’s Table by or before 6:30 pm.

FCBA NEWS 14 NOVEMBER 2005 JOB Bank

team members are driven, eager, and excited operations. Person must have the ability to TO RESPOND TO JOB BANK about what we can achieve. We reward that translate company’s business requirements into LISTINGS energy with security, opportunity, and an effective public policy advocacy. The single environment that fosters success. It’s as simple as largest factor to Sprint’s success resides with our If the employer is listed, send the information that. This position is currently targeted to be a employees. For immediate consideration, send requested directly to the employer. If you are part of the New Local Company. Although the your resume to Kerri Jones at responding to a BLIND BOX listing, send ONE Local Telecommunications Division (LTD) [email protected] and reference job id: COPY of the information requested to Heidi division is preparing to become a separate 18389. Sprint is proud to be an EEO/AA Kurtz, Federal Communications Bar company in 2006, the employee and customer employer. We value diversity and offer a quality Association, 1020 19th Street, NW, Suite 325, experience is unchanged and is in sync with the workplace. Washington, DC 20036-6101, or EMAIL it to other divisions of Sprint Nextel. There will be [email protected]. Please clearly indicate the communication to reflect any changes that will 11.06.5 Blind Box number to which you are respond- occur during the process of separating local Attorney - Sprint is the integrated- ing. If you are applying to a Blind Box, you operations from Sprint Nextel. The New Local communications company. Our team members may enclose a separate note to the FCBA speci- Company will have approximately 20,000 are driven, eager, and excited about what we can fying any organization to which you do not employees across 18 states serving over 7 million achieve. We reward that energy with security, wish your application to be forwarded. customers. The Senior Attorney-Regulatory opportunity, and an environment that fosters Responses to Blind Box listings can be accepted Counsel represents the company before state success. It’s as simple as that. This position is only from FCBA members. regulatory commissions and throughout the currently targeted to be a part of the New Local appellate process. Position requires extensive Company. Although the Local TO LIST A JOB knowledge of the federal Telecommunications Telecommunications Division (LTD) division is Act of 1996 and state administrative and preparing to become a separate company in Complete a Job Bank Form and send or fax the regulatory procedures. Person in this position 2006, the employee and customer experience is Form and the appropriate payment to Heidi must draft pleadings, formulate strategy, prepare unchanged and is in sync with the other Kurtz, Federal Communications Bar witnesses, conduct cross-examination, engage in divisions of Sprint Nextel. There will be Association, 1020 19th Street, NW, Suite 325, oral and written advocacy and otherwise manage communication to reflect any changes that will Washington, DC 20036-6101. In addition, complex legal projects significantly affecting occur during the process of separating local please email the text of the ad to company’s legal exposure or operations. Person operations from Sprint Nextel. The New Local [email protected]. Listings and payment received must have the ability to translate company’s Company will have approximately 20,000 by the 10th day of each month will appear in business requirements into effective public employees across 18 states serving over 7 million the next month’s newsletter. If possible, ads policy advocacy. For immediate consideration, customers. This position provides legal support should not exceed 75 words. Please call the send your resume to Kerri Jones at to the company in complying with its FCBA, (202) 293-4000, for a Job Bank Form. [email protected] and reference job id: interconnection related requirements with (No headhunters please). 18388. Sprint is proud to be an EEO/AA carriers (i.e., CLECs, CMRS providers; ISPs, employer. We value diversity and offer a quality ESPs, etc.) under state and federal law. The LAW FIRM/CORPORATE workplace. person in this position will provide legal and regulatory support in the negotiation of 11.06.1 11.06.4 interconnection agreements and amendments, Telecommunications Attorney - Small to Mid- Attorney – Regulatory Counsel - Sprint is the will assist in the resolution of disputes arising Sized Harrisburg, PA Law Firm seeks integrated-communications company. Our team out of interconnection agreements, including telecommunications attorney with a minimum members are driven, eager, and excited about drafting settlement agreements, will be part of a of 2 years experience. Familiarity with rural what we can achieve. We reward that energy team that formulates and implements regulatory issues preferred. Candidate must possess with security, opportunity, and an environment policy and strategy, and will provide regulatory excellent writing skills, motivation, the ability to that fosters success. It’s as simple as that. This advice and counsel to the Wholesale Markets work independently and good client skills. position is currently targeted to be a part of the organization of the company. This person will Great opportunity for an energetic person who is New Local Company. Although the Local also assist the company’s state regulatory counsel looking for client contact, increasing Telecommunications Division (LTD) division is in drafting arbitration pleadings and regulatory responsibility and a low key work environment. preparing to become a separate company in complaint pleadings; witness testimony, and Fax resume to 717-236-8278. 2006, the employee and customer experience is discovery questions and responses in ongoing unchanged and is in sync with the other regulatory dockets. This position requires 11.06.2 divisions of Sprint Nextel. There will be extensive knowledge of the federal Communications Paralegal - Fletcher, Heald communication to reflect any changes that will Telecommunications Act of 1996, and & Hildreth, PLC is seeking an experienced, full- occur during the process of separating local knowledge of state administrative and regulatory time mass media and telcom paralegal to operations from Sprint Nextel. The New Local procedures. The person in this position must support our growing regulatory and Company will have approximately 20,000 have the ability to translate the company’s transactional practice. Candidate would interact employees across 18 states serving over 7 million business requirements into effective advocacy. with FCC staff, make electronic filings, conduct customers. The Attorney-Regulatory Counsel For immediate consideration, send your resume on-line research and monitor client matters. This represents the company before state regulatory to Kerri Jones at [email protected] and position offers outstanding benefits and commissions and throughout the appellate reference job id: 18412. Sprint is proud to be an competitive salary commensurate with process. Position requires knowledge of the EEO/AA employer. We value diversity and offer experience. Occasional overtime required. Send federal Telecommunications Act of 1996 and a quality workplace. cover letter with salary requirements and resume state administrative and regulatory procedures. to [email protected]. Person in this position must draft pleadings, 11.06.6 formulate strategy, prepare witnesses, conduct Telecommunications Associate - Squire, 11.06.3 cross-examination, engage in oral and written Sanders & Dempsey L.L.P., a major national and Senior Attorney – Regulatory Counsel - Sprint advocacy and otherwise manage complex legal international law firm with 31 offices worldwide, is the integrated-communications company. Our projects affecting company’s legal exposure or is seeking a dynamic and highly motivated

FCBA NEWS 15 NOVEMBER 2005 JOB Bank

Communications Associate with 1 to 3 years positions providing service throughout the University Law Center, is accepting experience to join the communications group in Americas. As a member of the SES GLOBAL applications for a two-year fellowship/staff our Washington, DC office. The ideal candidate family, AMERICOM is able to provide end-to- attorney position. The Institute represents will have experience in wireless and wireline end telecommunications solutions to any consumer, civil rights, and other advocacy communications regulatory issues. Satellite or region in the world. Based in Princeton, New groups before the FCC and the courts with the transactional experience will be a plus. Squire, Jersey, SES AMERICOM maintains offices in goal of making communications media Sanders & Dempsey provides a collegial work the United States, Europe, South America and accessible, diverse, and responsive to environment, challenging work, and the Asia. We are a wholly owned subsidiary of SES community needs. The staff attorney opportunity for professional growth. We offer Global S.A., offering access to a fleet of over 40 supervises law students working on competitive salary and benefits. For immediate spacecraft operated by the world’s leading communications projects while earning an consideration, please send resume, cover letter satellite operators. For more information, visit LL.M. The position pays an annual stipend of and law school transcript to Kim Anderson, www.ses-americom.com. The Regulatory at least $44,275. To find out more, visit Regional HR/MKT Coordinator, Squire, Sanders Counsel provides a variety of regulatory, policy, www.law.georgetown.edu/clinics/ipr. To apply, & Dempsey L.L.P., 1201 Pennsylvania Avenue, advocacy, and other legal services to send a resume, law school transcript, two N.W., Suite 500, Washington, DC, 20004, or fax AMERICOM and other SES entities, working letters of recommendation, a statement of (202) 626-6780. No phone calls please. All closely with internal departments and outside interest and a writing sample to Angela inquiries will be held in strict confidence. counsel. Acts as an advisor on assigned Campbell, Institute for Public Representation, Squire, Sanders is an equal opportunity international legal, policy and regulatory Georgetown University Law Center, 600 New employer. matters.Experience/Qualifications: at least 6 Jersey Ave. N.W., Washington, D.C. 20001. years demonstrated experience working for or Applications must be postmarked by 11.06.7 with the FCC or other US government entities. December 1, 2005 and the position starts in Consultant – Deloitte & Touche LLP is looking Significant experience with international legal August 2006. for a Manager to join its growing National and regulatory matters including antitrust, Technology, Media and Telecommunications market access, trade, general commercial and INTERNSHIP Regulatory Consulting Group, which provides a corporate law. JD and admission to the practice comprehensive range of services to of law in a state or D.C. Strong analytical ability The Federal Communications Commission is communications service providers, media and and independent business judgment. Ability to seeking law student volunteer externs to work technology companies as well as regulatory work in an organized manner within tight time in the Enforcement Bureau, Investigations & bodies and other organizations. The group constraints. Ability to coordinate teams toward Hearings Division, for the Spring, Summer and works with multinational clients to optimize business oriented solutions. Excellent written Fall academic periods. Student extern current business operations, create sustainable and oral communication skills (including positions are comparable to junior staff future business strategies and facilitate drafting and negotiating skills). Satellite or attorney positions. Students receive their own compliance with regulatory requirements. The telecommunications industry experience a cases to prosecute under the supervision of Manager will work with senior group member plus.Essential Job Functions: Act as key senior staff attorneys. Depending on students’ based in McLean, Virginia as well as counsel and advisor on matters of regulation interests and the Division’s caseload, students practitioners across the United States to deliver and policy including FCC, antitrust, may have the opportunity to work on regulatory strategy and regulatory compliance international trade, and telecommunications telecommunications, media (including service offerings to existing firm clients as well policy. Advise on law, regulation and policy indecency investigations), wireless, and as new clients. Qualified candidates for Manager for Europe, Asia, and Africa. Draft and prepare satellite cases. For further Information on the position should have 4-8 years of documentation supporting AMERICOM Enforcement Bureau, and the Investigations & communications-related experience, and policies and regulatory positions. Support SES Hearings Division, please see the Bureau’s web excellent writing, analytical, and interpersonal advocacy activities in Washington, DC page at www.fcc.gov/eb. Externships during skills. J.D. and/or business degree desirable, but including maintaining presence of SES before the Spring and Fall semesters are generally 15 not required. Solid understanding of FCC Congress, the FCC and the Executive Branch weeks long each semester on a part-time basis regulation is essential. Successful candidates and preparing papers and lobbying the Hill and (two-three days per week). Internships will demonstrate broad experience in the the Executive branch. Support AMERICOM’s during the summer period are generally 10-12 communications field and ability to support participation in the Satellite Industry weeks long on a full-time basis (four-five days business development activities in a non-legal Association (“SIA”). EOE/AA RESUMES per week). Ideal candidates should possess an environment. The firm offers a competitive ACCEPTED VIA EMAIL ONLY. PLEASE interest in communications law; an ability to salary and outstanding package of benefits. EMAIL RESUME TO: hr.americom@ses- interpret complex legal, technical, and policy Qualified candidates should forward resume to americom.com. SUBJECT LINE SHOULD issues; strong legal research and writing skills; [email protected]. STATE YOUR LAST NAME AND JOB # 05-64. and an ability to interact with individuals at all levels of authority within and outside the 11.06.8 NON-PROFIT/ organization. Submit resumes and law school Regulatory Counsel - Established in 1973, SES GOVERNMENT/ACADEMIC transcripts for consideration to David Janas by AMERICOM is the largest supplier of satellite electronic mail at [email protected], or by services in the U.S. and is recognized for the 10.06.3 facsimile at 202-418-2080. Apply at least 6 delivery of the highest quality satellite weeks before start of desired academic period. communications services. The company Public Interest Communications Law. The currently operates a fleet of spacecraft in orbital Institute for Public Representation, a public interest law firm and clinic at Georgetown

FCBA NEWS 16 NOVEMBER 2005 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, November 4 – Wireless Luncheon on Mobile I Tuesday, November 29 – CLE Seminar on the Content, Sidley Austin Brown & Wood, 1501 K Street, Sunshine Act, Sidley Austin Brown & Wood, 1501 K NW, 6th Floor. Noon. Street, NW, 6th Floor, 12:00 – 1:30 p.m. Cost: $15.00 Cost: $75.00 for Private Sector Members, $50.00 for Registrations and cancellations due by Noon, Tuesday, Government/Academic/Law Student Members, and November 1, 2005 $125.00 for Non-members. Registrations and cancellations due by 5:00 p.m., I Thursday, November 10 – CLE Seminar on Appellate Monday, November 28, 2005 Litigation and FCC Advocacy, Wiley Rein & Fielding, LLP, 1776 K Street, NW – Conference Center on Street I Wednesday, November 30 – War of the Worlds Level, 6:00-8:15 p.m. Luncheon, Hogan & Hartson, 555 13th Street, 13th Cost: $75.00 for Private Sector Members, $50.00 for Floor, Noon Government/Academic/Law Student Members, and Cost: $20.00 for Private Sector Members, $10.00 for $125.00 for Non-members. Government/Academic/Law Student Members, and Registrations and cancellations due by 5:00 p.m., $40.00 for Non-members. Tuesday, November 8, 2005 Registrations and cancellations due by Noon, Monday, November 28, 2005 I Wednesday, November 16 – CLE Seminar on Negotiating Telecom Service Agreements, Wiley Rein I Thursday, December 1 - FCC Lab Tour and Lunch, & Fielding, LLP, 1750 K Street, NW, 10th Floor Large Meet at the FCC at 8:30 a.m., return to FCC at 2:30 – Conf. Room, 6:00-8:15 p.m. transportation provided Cost: $75.00 for Private Sector Members, $50.00 for Cost: $45.00 for Members, $90.00 for Non-members. Government/Academic/Law Student Members, and Registrations and cancellations due by 5:00 p.m., $125.00 for Non-members. Monday, November 28, 2005 Registrations and cancellations due by 5:00 p.m., Monday, November 14, 2005

$______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 17 NOVEMBER 2005 FLORIDA’S TELECOMMUNICATIONS FUTURE: Rate Rebalancing and Universal Service

November 4, 2005; 9 a.m. - 1 p.m.

MAGOO’S AT THE FLORIDA PUBLIC SERVICE COMMISSION OFFICE COMPLEX

Name______Title ______

Firm ______

Address ______

City/State/Zip ______

Phone______Fax ______E-mail ______

REGISTRATION FEE (INCLUDES CONTINENTAL BREAKFAST AND LUNCH) (CHECK ONE): I $35.00 FCBA Private Sector Members I $25.00 Public Sector Members I $35.00 Florida PSC Staff I $50.00 All Others Lunch selection (check one): I Salad I Sandwich To join the FCBA and the Florida Chapter, go to www.fcba.org.

___ check enclosed - Make checks payable to: Federal Communications Bar Association

I Visa I MasterCard I American Express

Credit card no. ______Exp. date ______

Cardholder Signature ______

Florida CLE Credit pending approval

MAIL OR FAX REGISTRATION FORM TO: FCBA Attn: Ann Henson 1020 19th Street, NW, Suite 325 Washington, DC 20036 Tel: 202-293-4000 Fax: 202-293-4317

FCBA NEWS 18 NOVEMBER 2005 23rd Annual TELECOMMUNICATIONS POLICY and REGULATION CONFERENCE REGISTRATION

CO-SPONSORED BY THE FCBA AND THE PRACTISING LAW INSTITUTE Thursday, December 8 and Friday, December 9, 2005

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 $1,165.50)

______I am not a member of the FCBA or PLI (Registration Fee is $1,295.00)

______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: HOTEL: (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 19 NOVEMBER 2005 19TH ANNUAL FCC CHAIRMAN’S DINNER Registration Thursday, December 8, 2005

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 $2,150.00 per table or ____ table(s) (ten guests per table) at $1,800.00 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 $180.00 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 18 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 18, 2005. 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)), non-sponsors of an event may issue invitations directly to Federal employees provided that at least 100 persons are expected to attend the event and the non-sponsor’s offer does not exceed $285.00 in value. The Chairman’s Dinner meets both of these requirements. Therefore, please note that organizations and individuals may issue invitations to the Chairman’s Dinner directly to Federal employees without the involvement of the FCBA. While this event has been cleared by the Office of General Counsel in previous years, each FCC employee is required to obtain individual ethics clearance based on the matters you are working on within the Commission.

FCBA NEWS 20 NOVEMBER 2005 Calendar November 4 Florida Chapter Seminar in Tallahassee, FL November 4 Wireless Telecommunications Practice Committee Luncheon November 9 FCC Enforcement Committee Brown Bag Lunch November 10 Professional Responsibility Brown Bag Lunch November 10 CLE Seminar Practical Tips for Appellate Litigation and FCC Advocacy November 15 Cable Practice Committee Brown Bag Lunch November 16 CLE Seminar Negotiating Telecom Service Agreements for Enterprise Clients November 17 16th Annual Charity Auction November 17 Midwest Chapter Luncheon with James Crawford, Chicago, IL November 27 Volunteer for McKenna’s Wagon and Martha’s Table November 29 CLE Seminar The On-Going Debate Over the Sunshine Act November 29 Rocky Mountain Chapter Lunch November 30 Roundtable Discussion Luncheon with Think Tank and Public Interest Group Reps December 1 FCC Lab Tour December 1 CANCELLED - Regulation in the Post-Katrina Environment December 8 19th Annual FCC Chairman’s Dinner December 8-9 23rd Annual PLI and FCBA Conference January 20, 2006 IP-Based Communications Practice Committee Event February 3-4, 2006 National Telecommunications Moot Court Competition February 28, 2006 Communications Law 101 CLE Seminar May 5-7, 2006 Annual Seminar at the Greenbrier Resort and Spa – White Sulphur Springs, WV

DC Bar Pro Bono I’ve had as an attorney.” THINK TANKS þ CONTINUED FROM PAGE 1 Clinic You must either be a member of the DC Bar, have an application pending to the The FCBA has brought together the The FCBA’s Young Lawyers Committee DC bar, or be an employee of the feder- leaders of four of these groups for a organizes volunteers to spend three al government to provide advice. Those candid and informal debate of these hours once a quarter helping lower who are not DC bar members, parale- alternative world views moderated by income individuals through a clinic gals and law students are needed, how- FCBA President Michele Farquhar sponsored by the DC Bar. We co-volun- ever, to provide intake and triage. Law and Antoinette Cook Bush of teer with the DOJ Antitrust Division. students can have the opportunity to sit Skadden Arps. Among the questions: Attorneys receive a half-hour in on advice sessions. Dress is casual, What is the proper role of regulation overview/orientation beginning at 9:30 but respectful. Bring a pen. in this future? How do these groups am over bagels and juice. Volunteers are become influential in the policy expected to assist clients only during Directions: debate? How or when do they align the time they are at the clinic. As soon as you exit the 11th Street themselves with commercial interests Bridge, go left on Good Hope Road, to advance their policy views? The No special legal knowledge is needed S.E. Although the building is on Good panelists will be: Ray Gifford, — attorneys generally need to keep an Hope Road, S.E., to get to the parking Progress and Freedom Foundation; eye out for potential legal issues while lot you will need to go left on Andy Schwartzman, Media Access using their common sense to solve a Minnesota Avenue, S.E., right on T Project; Jeannine Kenney, Consumers myriad of questions and make refer- Street, S.E. and right on 17th Street, Union; and Jerry Ellig, Mercatus rals to other organizations. S.E. Park behind the green building. Center – George Mason University. Experienced attorneys on-site will The luncheon will be held at Hogan & assist FCBA attorneys and other vol- Anacostia Metro Station. Take either Hartson, LLP, 13th floor, 555 13th unteers with any questions. Previous Bus B2 or U2 to 16th and Good Hope Street, NW. The reservation form for attendees have described this as “the Road, S.E. this luncheon is on page 17. most satisfying volunteer experience

FCBA NEWS 21 NOVEMBER 2005