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Net Neutrality and Legal Realities for the FCC: A Primer

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DESCRIPTION

The telecommunications world continues to watch and wait for the Federal Communications Commission (FCC) to adopt new net neutrality rules. In the wake of the D.C. Circuit Court’s ruling striking down two of the FCC’s three Open Internet rules, consumer advocates say the agency should reclassify broadband Internet access service as a “telecommunications service” under Title II of the Communications Act.

Subjecting broadband providers to the same regulatory duties applicable to telephone service would be the most surefire way to prevent the creation of “fast lanes,” the advocates argue. But would such a step survive another appeal to the D.C. Circuit Court? The leading Internet service providers, led by Comcast Corp., Verizon Communications Inc., and AT&T Inc., say a Title II reclassification would dampen investment, stifle innovation, and undoubtedly be challenged in court.

This program will examine the FCC’s legal options in depth, including a reclassification of broadband as a Title II telecommunications service.

Educational Objectives:
• Receive a detailed explanation of the FCC’s legal options following the D.C. Court’s decision in Verizon v. FCC.
• Hear a legal analysis of the FCC’s possible reclassification of broadband under Title II of the Communications Act.
• Learn about the potential effects of Title II reclassification to the communications sector.
• Understand the state of play at the FCC with regard to restoring net neutrality rules.

Who would benefit most from attending this program? 
Counsel advising communications and broadcasting companies; professionals involved in media ownership and regulation; intellectual property practitioners.

SPEAKERS

FRED CAMPBELL, DIRECTOR, CENTER FOR BOUNDLESS INNOVATION IN TECHNOLOGY

Fred Campbell is Director of the Center for Boundless Innovation in Technology and an Adjunct Professor at the University of Nebraska College of Law. He is also the founder of FBC Enterprises LLC and former president and CEO of the Wireless Communications Association International. He previously served as Wireless Bureau Chief at the Federal Communications Commission and as Wireless Legal Advisor to FCC Chairman Kevin Martin.

Mr. Campbell earned a J.D., with high distinction, from the University of Nebraska College of Law, where he was a member of the Order of the Coif and Executive Editor of the Nebraska Law Review, and a B.S. from the State University of New York at Albany. He served as a judicial clerk for Nebraska Supreme Court Justice William M. Connolly and as an Arabic linguist in the 101st Airborne Division of the United States Army.


LAWRENCE J. SPIWAK, PRESIDENT, CO-FOUNDER, PHOENIX CENTER FOR ADVANCED LEGAL AND ECONOMIC PUBLIC POLICY STUDIES

Larry Spiwak is President and co-founder of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of telecommunications and high-tech industries. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel.

Mr. Spiwak is a noted scholar and has been cited by, inter alia, the United States Federal Communications Commission, the United States Securities and Exchange Commission, the United States Federal Trade Commission, the United States Department of State, the United States Code Annotated, the Congressional Research Service, American Jurisprudence (2d), the International Telecommunication Union (ITU), and the Organisation for Economic Co-Operation and Development (OECD). Other scholars also frequently cite to Mr. Spiwak, and he is ranked in the top two percent of downloaded authors listed with the Social Science Research Network (SSRN).

Mr. Spiwak earned a J.D. from the Benjamin N. Cardozo School of Law, where he was the international law editor of the Cardozo Moot Court Board and served on the National Moot Court Team, and a B.A. with special honors from the George Washington University. He is admitted to practice in New York, Massachusetts, and the District of Columbia as well as before the U.S. Court of Appeals for the D.C. Circuit.


ANDREW JAY SCHWARTZMAN, LECTURER-IN-LAW, GEORGETOWN UNIVERSITY LAW CENTER

Andrew Schwartzman is lecturer-in-law at the Communications and Technology Law Clinic at Georgetown’s Institute for Public Representation. He previously headed Media Access Project (MAP), a non-profit public interest telecommunications law firm representing the public in promoting the First Amendment rights to speak and to hear. MAP was the chief legal strategist in efforts to oppose major media mergers and preserve policies promoting media diversity. Mr. Schwartzman also teaches at the Johns Hopkins University School of Arts and Sciences Department of Advanced Academic Programs. He has served as the Law and Regulation Contributor to Les Brown's Encyclopedia of Television and is the author of the telecommunications chapter in the Encyclopedia of the Consumer Movement.

Mr. Schwartzman earned a J.D. from the University of Pennsylvania and an A.B. in Sociology, also from the University of Pennsylvania. He is admitted to practice in the District of Columbia and New York as well as before the U.S. District Court for the District of Columbia and the U.S. Courts of Appeal for the Second, Third, Fourth, Seventh, Eighth and D.C. Circuits.


MATTHEW F. WOOD, POLICY DIRECTOR, FREE PRESS

Matt Wood is policy director at Free Press, where he helps shape the team’s efforts to protect the open Internet, prevent media concentration, promote affordable broadband deployment and prioritize a revitalized public media. Before joining Free Press, Mr. Wood worked at the public interest law firm Media Access Project and in the communications practice groups of two private law firms in Washington, D.C. Before that, he served as editor-in-chief for the Harvard Civil Rights-Civil Liberties Law Review, worked for PBS, and spent time at several professional and college radio and television stations.

Mr. Wood earned a J.D. from Harvard Law School and a B.A. in film studies from Columbia University.