Privacy & Regulatory Matters

A key part of Mark's practice is advising clients on their ever-changing regulatory obligations and helping them obtain the FCC approvals they need to operate.

I regularly represent communications clients before the FCC in a variety of policy and transactional matters. These include rulemaking proceedings, such as those addressing how to accelerate the deployment of broadband facilities, net neutrality, and the availability and pricing of business data services from incumbent carriers. In addition, a key part of my practice is advising broadband, VOIP and other telecom competitors on their ever-changing regulatory obligations and helping them obtain and maintain the FCC approvals they need to operate.

I also appear before the FCC in complaint and enforcement proceedings, including:

  • Formal complaint proceeding by an enterprise client against AT&T
  • Enforcement Bureau proceedings involving investigations of
    • manufacturers of LED display signs whose products violated FCC radio frequency emissions rules
    • a radio station client that made allegedly unlicensed international transmissions
    • long distance calling card services using caller ID spoofing technology
    • possible underpayments to the Universal Service Fund by web-based service provider

Privacy and Data Security

I hold the Certified Information Privacy Professional/US designation from the International Association of Privacy Professionals, and regularly advise clients on data privacy and security issues arising from the growth of the Internet and the move to the cloud. My recent projects in the privacy area have ranged from drafting standard website privacy policies to advising on data security obligations under the EU’s GDPR to co-ordinating a client’s response to a data breach involving customers in 22 states.

International Regulation

A substantial part of my time has been spent on international telecommunications matters, both as a teacher and practicing lawyer. Between 2006 and 2011, I taught an annual seminar on International Telecommunications Regulation at Catholic University Law School in Washington, D.C. I also advised a number of foreign government and telecom regulatory agencies on revising and implementing new laws and regulations covering telecommunications and the Internet.

Regulatory Risk Analysis

A key part of my practice is advising start up telecom competitors (especially broadband and VOIP companies) on their ever-changing regulatory obligations.