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COMMUNICATIONS

Attorneys in Moss & Barnett's Communications group collectively have more than 100 years of experience in representing the unique legal and regulatory interests of communications companies, with a concentration on rural incumbent local exchange carriers ("Rural ILECs") and competitive local exchange carriers ("CLECs").

We have provided legal, regulatory and government affairs services to our communications clients in:

  • Iowa
  • Minnesota
  • New Mexico
  • North Dakota
  • Oklahoma
  • South Dakota
  • Texas
  • Washington
  • Wisconsin
  • Before the Federal Communications ("FCC")

One of our group members also concentrates his practice in governmental matters related to cable television regulation on a national basis.

While our representation has taken many different forms, the core of our experience is in addressing:

  • Intercarrier compensation issues, negotiations and disputes
  • Unbundled network element cost cases and other matters arising under the Telecommunications Act of 1996
  • State telecommunications certifications
  • ETC certifications
  • Regulatory investigations and complaints, including earnings issues and disputes arising under the Telecommunications Act of 1996

The wide range and depth of our experience enables us to integrate specific legal, regulatory and government affairs projects into a client’s broader objectives. For example, we have:

  • Recently negotiated a traffic identification agreement with Qwest for phantom traffic terminated over Qwest access tandems
  • Provided legal support resulting in the recovery of lost access revenues from two major IXCs who were terminating unidentified traffic through third-party CLECs
  • Provided legal representation and support for CLECs in numerous unbundled network element (UNE) cost cases, wholesale service performance disputes and other proceedings arising under the Telecommunications Act of 1996 (preparing filings, pleadings, testimony, cross examination, briefs and oral argument)
  • Represented CLECs in state and federal court appeals related to an array of disputes, including matters related to UNE pricing, wholesale service performance standards and Intercarrier Compensation
  • Provided direction and drafted extensive comments on behalf of a coalition of Rural ILECs in response to various access and universal service related proceedings before the FCC
  • Provided legal representation and support in numerous access "reform" proceedings (preparing filings, pleadings, testimony, cross examination, briefs, oral argument and negotiations)
  • Negotiated several dozen interconnection agreements, including agreements with CMRS providers
  • Provided legal representation and support in proceedings for intercarrier compensation in ELC and EAS circumstances
  • Represented several groups of Rural ILECs in connection with ETC applications by CMRS providers in rural telephone company service areas
  • Represented Rural ILECs in numerous rate cases, earnings investigations and proceedings to establish individual regulatory plans
  • Handled a large number of individual traffic exchange matters
  • Obtained the legal and regulatory consent for numerous sales, acquisitions and mergers of telecommunications companies

In addition to our regulatory/intercarrier negotiation experience, Moss & Barnett also provides business and corporate legal services to our telecommunications clients.

Our members and their sub-areas of expertise are:

Mike Bradley Regulatory litigation, interconnection negotiations, unbundled network element pricing, and intercarrier compensation

Mitch Cox Communications-related business transactions

Rick Kelber Communications-related business transactions

Rick Johnson Regulatory litigation and intercarrier compensation

Dan Lipschultz Regulatory litigation, interconnection negotiations, unbundled network element pricing, operational support systems, wholesale service performance standards, intercarrier compensation and legislative advocacy

Mike Nixt Communications-related business transactions

Cecilia Ray Intercarrier compensation and business transactions


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Telecom

[03/12] Court OKs TV rules opposed by Comcast, Cablevision
[03/11] Motorola to add Microsoft's Bing to smart phones

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Case Summaries

Public Utilities

[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.

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Communications Law

[03/12] News & Observer Publ'g. Co. v. Raleigh-Durham Airport Auth.
In newspaper publishers' First Amendment challenge to a public airport's total ban on newspaper racks inside its terminals, grant of summary judgment in favor of plaintiffs is affirmed as the government interests asserted to justify the total ban do not counterbalance its significant restriction on protected expression.

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