Regulatory Compliance and Enforcement Equipment Authorization and Compliance Spectrum Allocation, Licensing and Leasing E-Rate Telecommunications Infrastructure Telecommunications Transactions Privacy Issues Carrier Regulation Foreign Radio Regulations and International Standards
Our Communications and Spectrum Regulation practice is devoted to a broad range of federal, state, and international telecommunications law and policy. We have extensive legal experience with new technology and entry into new telecommunications markets to meet the ever-changing business, regulatory, and technological needs of our clients. Our work regularly brings us before the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA) as well as state regulatory commissions. We are in regular contact with the FCC and often meet with commissioners and their staffs, as well as personnel within the various bureaus and offices in regard to matters involving US federal telecommunications statutes and FCC regulations and policies.
Our group is unique in that we are able to draw upon the firm's unsurpassed technical expertise, including a number of attorneys with Ph.D.'s and other advanced degrees in science and engineering.
Regulatory Compliance and Enforcement
Fish's Regulatory group is intimately familiar with the statutes, regulations, and policies applicable to wireless carriers, wireline carriers, and spectrum licensees generally. We routinely counsel clients on the rules pertaining to the licensing, construction, and operation of wireless facilities, whether for private or commercial use. We also provide guidance on the additional regulatory requirements imposed on commercial service providers, including the Communications Assistance for Law Enforcement Act (CALEA), Enhanced 911, Universal Service, provision of service to persons with disabilities, and unauthorized customer changes ("slamming"). Because of our extensive FCC experience, we have the ability to help clients reach their goals within the framework of the FCC's rules. When appropriate, we counsel clients on the feasibility of obtaining rule waivers or of asking the FCC to initiate rulemakings to change certain rules or policies.
We also provide representation before the FCC's Enforcement Bureau. If a company has been cited as violating a statute or regulation, we analyze its situation and represent it accordingly. We have experience negotiating resolutions that are mutually agreeable to the client and the Enforcement Bureau and we can provide compliance seminars and manuals to help clients avoid enforcement problems in the first instance.
Equipment Authorization and Compliance
Fish has one of the strongest and most technically oriented legal practices in the nation when it comes to obtaining equipment authorizations under Parts 2, 15, 18, 20, 22, 24, 27, 68, and 90 of the FCC's rules. Manufacturers and vendors rely on us to obtain timely equipment authorizations and access to domestic and international markets. Our equipment authorization and compliance services include the following:
- advising on compliance issues associated with domestic EMC, electrical safety, radiation safety, environmental, and medical device standards
- assisting with accreditation standards worldwide and offering one-stop shopping for multinational clients seeking equipment authorization (for test houses and laboratories)
- participating in FCC decisions involving technical standards for RF devices and assisting in the development of test procedures and other standards
- responding to FCC enforcement actions after helping clients negotiate consent decrees and settlement agreements with the FCC
Spectrum Allocation, Licensing and Leasing
Fish has the technical knowledge and practical experience to help ensure our clients are well supported in their ability to acquire and use radio spectrum in support of their operations, such as locating available spectrum and obtaining licenses through various means, including the FCC's application process, spectrum auctions, third party assignments, or spectrum leases.
Our attorneys are also focused on spectrum allocation, technical standards, and test procedures. We are adept not only at advising clients on spectrum policies and compliance standards for both licensed and unlicensed services, but also at obtaining rule waivers for new or expanded uses of spectrum.
We represent numerous educational institutions that have FCC licenses to use the Educational Broadband Service (EBS – formerly the Instructional Television Fixed Service) frequencies in the 2.5 GHz band to provide video, data, and broadband services throughout the United States. We have participated in every major EBS rulemaking proceeding since the 1980s and are experts in the regulatory and transactional matters associated with the 2.5 GHz band.
Our spectrum allocation, licensing and leasing experience includes the following:
- assisting with FCC licensing matters, regulatory compliance, license transfers and assignments, band plan transitions, lease administration, etc.
- purchasing spectrum licenses, obtaining roaming agreements, and representing clients in rulemaking proceedings related to the spectrum allocations and spectrum-based communications systems
- assisting applicants in qualifying for and participating in FCC spectrum auctions
- advising on and negotiating spectrum lease agreements on behalf of public and private schools, universities, and Catholic institutions negotiating with commercial operators
- advising large corporations on creative ways to secure and license sufficient radio spectrum to be used in wide-area private communications networks
- negotiating agreements in conformance with the FCC's rules and policies for the relocation of incumbent radio systems in order to clear spectrum for new licensees
- assisting in resolving radio interference disputes between licensees and in negotiating equitable agreements for shared use of frequencies or interference protections
- procuring novel rule interpretations and waivers for clients that are attempting to bring new and emerging technologies to market (including RFID and ultra-wideband systems, beam-forming antennas, microwave lighting, wireless medical implants, multichannel amplifiers, and repeaters)
- assisting in the development of successful spectrum strategies that enable clients to pursue their marketing goals within the existing regulatory framework
To view the Regulatory Update presented by Edwin N. Lavergne at the National EBS Association 2010 conference, please click here.
E-Rate
E-Rate is the FCC's program for subsidizing communications services for schools and libraries. Applying for funding is oftentimes a daunting task for clients, but our team is able to navigate the complex Universal Service Administrative Company (USAC) application process.
Fish assists schools in applying for funds and adhering to the detailed regulations that govern each step of the process.
We also advise clients in responding to federal inquires regarding E-Rate funding, filing appeals, and responding to requests for recoveries of funds and other enforcement actions.
Telecommunications Infrastructure
Broadband Networks & Broadband Over Power Lines
Fish has the necessary knowledge to help clients build and develop commercial or private broadband networks. We advise clients on the impact of federal, state, and local regulations on the development of their proposed networks, and can provide guidance on how to design and implement networks consistent with regulations affecting matters such as infrastructure access, local franchising, and right-of-way use. We also actively monitor regulatory developments affecting broadband deployment, including proceedings intended to define the appropriate regulatory classification for xDSL, cable modem, wireless broadband, and other broadband Internet access services.
Because of our significant experience working with utility companies, Fish is well-positioned to address the many issues associated with the delivery of telecommunications services over electric transmission lines ("power line telecommunications" or "broadband over powerlines" (BPL)). We can advise clients on a variety of matters including FCC restrictions on system operations, jurisdictional issues, access to and use of utility property, intellectual property, and optimal business models. We can also counsel BPL operators on regulatory approvals that may be required and the applicability of other requirements, such as universal service funding programs and regulatory fee requirements.
Pole Attachments
Fish & Richardson is thoroughly familiar with US federal and state laws and regulations governing the use of utility poles, conduits, and rights-of-way for communications facilities. Our lawyers have been highly involved in all aspects of pole attachment regulation since enactment of the Pole Attachments Act in 1978 as well as the extensive regulatory changes brought about by the Telecommunications Act of 1996. Our work includes counseling clients on joint use issues, assisting with the negotiation of agreements for attachment of communications equipment to utility poles or conduit, advocating our clients' interests before the FCC and the courts in pole attachment rulemakings and appellate proceedings, and representing utilities in pole attachment disputes before the FCC. Our lawyers have also appeared as expert witnesses in administrative proceedings relating to the regulation of pole attachments.
Click here for a description of Fish & Richardson's representative clients and matters involving pole attachment issues.
Click here to view reference page with citations and links to court cases, Federal Communications Commission orders, and state public utility commission rulemakings on pole attachments.
Telecommunications Transactions
Fish's Regulatory attorneys have experience navigating complex corporate transactions with telecommunications components, including assistance with regulatory due diligence and disclosures. We have handled a number of transactional issues in the field of telecommunications, including agreements for the sale or lease of communications infrastructure, regulatory approvals needed in the case of bankruptcies, and agreements for the sale or purchase of telecommunications services or the purchase of indefeasible rights of use (IRUs) in telecommunications networks.
Privacy Issues
Fish attorneys also counsel clients on the regulatory and legal issues related to federal privacy requirements. We are familiar with the privacy restrictions in the Communications Act and the Electronic Communications Privacy Act, as well as with the FCC's rules on customer proprietary network information, subscriber list information, billing name and address, and caller identification. We also provide guidance on the scope of the Telephone Consumer Protection Act and counsel on obligations to disclose subscriber list information to other carriers under section 222 of the Communications Act, as amended.
Carrier Regulation
Our attorneys have represented a variety of wireline and wireless carriers. Our representation of these entities has encompassed US, state, and international regulatory issues. Some of our services include:
- advice on day-to-day compliance with FCC rules and on the business implications of regulatory and legislative developments, including developments related to local competition, access charge reform, and universal service funding
- participation in FCC regulatory proceedings, and conferring with regulators and legislators, to help clients achieve their business objectives
- configuration of transactions and business ventures to minimize regulation
- negotiation and drafting of contracts for the purchase of telecommunications services by major businesses
- acquisition of state regulatory certifications and approvals for facilities-based carriers and resellers, including approvals of mergers and acquisitions involving telecommunications assets
- advice on federal and state jurisdictional and preemption issues, including the siting of wireless towers
- acquisition of international facilities-based and resale certifications from the FCC
- advice on regulatory issues related to the acquisition of trans-border communications facilities, such as submarine cable landing licenses
Foreign Radio Regulations and International Standards
At the international level, the firm is often called upon to advise clients on foreign regulatory programs and equipment licensing requirements in the European Union, Canada, Australia, South America, and Asia. Altogether, we have advised clients on foreign national standards in over 75 countries.
We routinely assist clients with foreign compliance requirements for electronic equipment and medical devices under various EU directives (e.g., EMC, LV, RTTE, medical implants, medical devices, RoHS, and WEEE), as well as other international standards programs, including European Telecommunications Standards Institute (ETSI), European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC), the International Telecommunication Union, International Electrotechnical Commission, International Organization for Standardization, and others.
Following the FTC decisions in Rambus (FTC Docket No. 9302 [2006]) and Negotiated Data Solutions (FTC File No. 510094 [2008]), many electronics and telecommunications manufacturers have reexamined their standards activities and how these activities could implicate their patent portfolios.
These same companies are also taking a vested interest in what competitors may be doing to incorporate their patents into consensus industry standards.
We have developed guidelines to assist clients in these matters. To view our Patent Guidelines for Participation in Standards Development Organization Activities, please click here.