Communications (including Telecommunications)

The Digital Media Association (whose members include Amazon, AOL, Apple, Microsoft, Motorola, MTV Networks, Nokia, Pandora Media, Real Networks, Sony Connect, Yahoo! and YouTube) in a case presenting the lawfulness of copyright royalty rates for commercial webcasting services. Intercollegiate Broadcast System, Inc. v. Copyright Royalty Bd., 571 F.3d 69 (D.C. Cir. 2009); 574 F.3d 748 (D.C. Cir. 2009).

The National Cable & Telecommunications Association in connection with digital must-carry rules before the Federal Communications Commission (comments submitted to the FCC on July 16, 2007).

A group of local telephone companies including Ameritech, BellSouth, and SBC Communications (now part of AT&T Corp.) and Bell Atlantic (now part of Verizon Communications) in a case involving state utility commission regulation of the “just and reasonable” terms for local interconnection arrangements. Federal Communications Commission v. Iowa Utilities Board, 524 U.S. 949 (1998); AT&T Corp. v. Iowa Utilities Bd., 525 U.S. 366 (1999); Iowa Utilities Bd. v. F.C.C., 219 F.3d 744 (8th Cir. 2000); Iowa Utilities Bd. v. F.C.C., 120 F.3d 753 (8th Cir. 1997). See 1998 WL 401619, 1998 WL 404272, 1998 WL 34103604, 1998 WL 34103078, 1997 WL 33549399, 1997 WL 33485640 (briefs) (U.S. Supreme Court and U.S. Court of Appeals for the Eighth Circuit).

Creditors of a communications company in a case presenting the question whether the Federal Communications Commission acted lawfully in retroactively cancelling communications licenses based on the licensee’s failure to make timely installment payments while in Chapter 11 proceedings. FCC v. NextWave Personal Communications, Inc., 537 U.S. 293 (2003).

A Washington, D.C., policy group in a complex discovery dispute related to the Sony hack and the Mississippi Attorney General’s investigation of a major technology company.

EchoStar Communications (now part of DISH Network Corp.) in a case presenting the question whether the Satellite Home Viewer Act of 1988 is an unconstitutional abridgement of speech under the First Amendment. EchoStar Communications, Inc. v. CBS Broadcasting, Inc., 535 U.S. 1079 (2002).

The Consumer Electronics Association in analysis of whether H.R. 3261, the Stop Online Piracy Act or “SOPA,” violates the First Amendment.

Bell Atlantic (now part of Verizon Communications) in a case involving whether a federal statute prohibiting telephone companies from providing video programming to their subscribers violated the First Amendment. United States v. Chesapeake and Potomac Telephone Co. of Virginia, 516 U.S. 415 (1996), 42 F.3d 181 (4th Cir. 1994), 830 F. Supp. 909 (E.D. Va. 1993). See 1996 WL 67164, 1995 WL 611730 (briefs) (U.S. District Court for the Eastern District of Virginia, U.S. Court of Appeals for the Fourth Circuit, and U.S. Supreme Court).

BellSouth Telecommunications (now part of AT&T Corp.), the U.S. Telephone Ass’n, Bell Atlantic, Bell Atlantic Video Services Co., GTE Serv. Corp. and GTE Media Ventures, Inc. (now part of Verizon Communications) in a case challenging the FCC’s rules for Open Video Services. City of Dallas, Tex. v. FCC, 165 F.3d 341 (5th Cir. 1999).

Time Warner in a case presenting the question of the constitutionality of a Federal Communications Commission rule that effectively prohibited media companies from providing broadcast-television speech in places where they own cable-television systems. Fox Television Stations, Inc. v. FCC, 280 F.3d 1027 (D.C. Cir. 2002), 293 F.3d 537. See 2001 WL 36039079 (brief) (U.S. Court of Appeals for the District of Columbia Circuit).

Time Warner in a case presenting the question whether federal statutory provisions limiting the total number of subscribers that a cable television system operator may serve through cable systems that it owns, and limiting the number of channels a cable system may occupy with affiliated programming, violate the First Amendment. Time Warner Entertainment Co. v. FCC, 531 U.S. 1183 (2001). See 2001 WL 34117635 (brief) (U.S. Supreme Court).

Bell Atlantic (now part of Verizon Communications) in a challenge to Federal Communications Commission orders implementing the Cable Television Consumer Protection and Competition Act. Time Warner Entertainment Co., L.P. v. FCC, 56 F.3d 151 (D.C. Cir. 1995) (U.S. Court of Appeals for the District of Columbia Circuit).

U S West (now part of Qwest Communications) in a case involving Federal Communications Commission rules restricting telephone company use of “customer proprietary network information” (CPNI). Competition Policy Institute v. U S West Communications, Inc., 530 U.S. 1213 (2000); U S West Communications, Inc. v. FCC, 182 F.3d 1224 (10th Cir. 1999). See 2000 WL 34015090 (brief) (U.S. Supreme Court and U.S. Court of Appeals for the Tenth Circuit).

U S West (now part of Qwest Communications) in a case involving Federal Communications Commission rules restricting local telephone company marketing of long distance services. U S West Communications, Inc. v. FCC, 528 U.S. 1188 (2000). See 2000 WL 34005446, 1999 WL 33632704 (briefs) (U.S. Supreme Court).

U S West (now part of Qwest Communications) in cases presenting the question whether state regulatory imputation of Yellow Pages revenue to local telephone services constitutes an implicit tax on publishing activities in violation of First Amendment. U S West Communications, Inc. v. Tristani, 518 U.S. 1106 (2000); U S West Communications, Inc. v. Tristani, 182 F.3d 1202 (10th Cir. 1999). See 1999 WL 33632540, 1999 WL 33632543 (briefs) (U.S. Supreme Court and U.S. Court of Appeals for the Tenth Circuit); U S West Communications, Inc. v. Nelson, 146 F.3d 718 (9th Cir. 1998). See 1997 WL 33484820 (brief) (U.S. Supreme Court and U.S. Court of Appeals for the Ninth Circuit).

BellSouth (now part of AT&T Corp.) and U S West (now part of Qwest Communications) in a case involving the constitutionality of ban on electronic publishing by Bell Operating Companies, by name, under the First Amendment and Bill of Attainder Clause. BellSouth Corp. v. FCC, 144 F.3d 58 (D.C. Cir. 1998), 526 U.S. 1086 (1999). See 1998 WL 35240480 (brief) (U.S. Supreme Court and U.S. Court of Appeals for the District of Columbia Circuit).

BellSouth (now part of AT&T Corp.) in a case involving whether the 1996 Telecommunications Act’s restriction on long-distance service by the Bell Operating Companies violated the Bill of Attainder Clause, equal protection principles, and the separation of powers. BellSouth Corp. v. FCC, 162 F.3d 678 (D.C. Cir. 1998).

SBC Communications (now part of AT&T Corp.) in a case involving whether the 1996 Telecommunications Act’s restriction on long-distance service by Bell Operating Companies violated the Bill of Attainder Clause, equal protection principles, and the separation of powers. SBC Communications, Inc. v. FCC, 981 F. Supp. 996 (N.D. Tex. 1997), 1998 WL 119707 (N.D. Tex. Feb. 11, 1998), 154 F.3d 226 (5th Cir. 1998), 525 U.S. 1113 (1999).

The United States Telephone Association and Bell Atlantic Corporation (now part of Verizon Communications) in a case presenting the question of First Amendment constraints on municipal cable regulation. Preferred Communications, Inc. v. City of Los Angeles, 512 U.S. 1235 (1994). See 1994 WL 16100574 (brief) (U.S. Supreme Court).

A television station in a case presenting the question whether the imposition of civil liability on a media defendant for using or disclosing the contents of illegally intercepted communications violates the First Amendment. Bartnicki v. Vopper, 532 U.S. 514 (2001). See 2000 WL 1614452 (brief) (U.S. Supreme Court).

Regional Bell Telephone operating companies in a proceeding to lift restrictions of the AT&T Consent Decree. Consumer Federation of America v. United States, 510 U.S. 984 (1993); United States v. Western Elec. Co., 993 F.2d 1572 (D.C. Cir. 1993) (U.S. Supreme Court and U.S. Court of Appeals for the District of Columbia Circuit).

Net Neutrality issues before the Federal Communications Commission on behalf of content providers and media companies.