The New FCC The Heartland Webinar November 18, 2009 Charles A. Zdebski Raymond A. Kowalski Eric J. Schwalb Eckert Seamans Cherin & Mellott, LLC Suite Pennsylvania Avenue, N.W. Washington, D.C

The Summary The goals of the President and the vision for the FCC The Chairman and Commissioners What this means to you: the “takeaway.” Further discussion: the Commissioners, dealing with the FCC, future policy, joint use issues...

Goals and Vision Promoting universal broadband that is robust, affordable and open. Pursuing policies that promote job creation, competition, innovation and investment. Protecting and empowering consumers and families. Helping deliver public safety communications networks with the best technology to serve our firefighters, police officers, and other first responders. Advancing a vibrant media landscape, in these challenging times, that serves the public interest in the 21st century. Seizing the opportunity for the United States to lead the world in mobile communications.

Chairman Genachowski (D) Julius Genachowski was nominated as Chairman of the FCC on March 23, 2009; confirmed by the Senate on June 25, 2009, and sworn in on June 29, Prior to his appointment, Genachowski spent more than 10 years working in the technology industry as an executive and entrepreneur. From 1994 until 1997, he served as Chief Counsel to FCC Chairman Reed Hundt. Previously, he was a law clerk for Supreme Court Justices David Souter and William J. Brennan, Jr. Genachowski received a J.D. from Harvard Law School (magna cum laude). He received a B.A. from Columbia College (magna cum laude).

Commissioner Copps (D) Michael J. Copps was nominated for a second term November 9, 2005; confirmed December 21, 2005; sworn in January 3, Has served as a commissioner since May 31, Copps served until January 2001 as Assistant Secretary of Commerce for Trade Development at the U.S. Department of Commerce. Copps came to Washington in 1970, joining the staff of Senator Ernest Hollings (D- SC). Copps was a professor of U.S. History at Loyola University of the South. Copps received a B.A. from Wofford College and earned a Ph.D. from the University of North Carolina at Chapel Hill.

Commissioner McDowell (R) Robert M. McDowell was first appointed to the FCC in 2006; reappointed on June 2, 2009; confirmed by the Senate on June 25, Immediately prior to joining the FCC, McDowell was senior vice president for the Competitive Telecommunications Association (CompTel). McDowell graduated cum laude from Duke University in He received a law degree from the College of William and Mary.

Commissioner Clyburn (D) Mignon Clyburn was nominated to the FCC on June 25, 2009, confirmed by Senate July 24, 2009, and sworn in August 3, University of South Carolina, B.S. in Banking, Finance & Economics. 14 years as publisher and general manager of The Coastal Times. 11 years on South Carolina Public Service Commission, served as Chair from July 2002 to June 2004.

Commissioner Baker (R) Meredith Attwell Baker was nominated for to the FCC on June 25, 2009; confirmed by the Senate on July 24, 2009, and sworn in as Commissioner on July 31, Ms. Baker most recently served as Acting Assistant Secretary of Commerce for Communications and Information and Acting Administrator of the National Telecommunications and Information Administration (NTIA). Ms. Baker earned a Bachelor of Arts degree from Washington & Lee University in 1990 and a law degree from the University of Houston in 1994.

The Takeaway The FCC’s National Broadband Plan (GN Docket No ), due to Congress on February 17, 2010, is the primary vehicle for “promoting universal broadband that is robust, affordable and open” as well as for “pursuing policies that promote job creation, competition, innovation and investment” and for “seizing the opportunity for the United States to lead the world in mobile communications.”

The Takeaway (cont.) See also, the FCC’s “Open Internet” proceeding, GN Docket No , opened October 22, 2009, where the FCC proposes new rules, under which, subject to reasonable network management, a provider of broadband Internet access service: would not be allowed to prevent any of its users from sending or receiving the lawful content of the user’s choice over the Internet; would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user’s choice; would not be allowed to prevent any of its users from connecting to and using on its network the user’s choice of lawful devices that do not harm the network; would not be allowed to deprive any of its users of the user’s entitlement to competition among network providers, application providers, service providers, and content providers; would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.

The Takeaway (cont.) Regarding “advancing a vibrant media landscape, in these challenging times, that serves the public interest in the 21st century,” see Commissioner Copps’s announcement on November 16, 2009, of the hiring of journalist Joshua Cinelli as Advisor on Media Issues. Mr. Copps said, “He and I are both convinced that the opportunity for media reform is now.” It would not be surprising if Chairman Genachowski took the lead on the National Broadband Plan, while Commissioner Copps, who served as Acting Chairman during the final days of the transition to digital television, headed up the media reform effort.

Further Discussion Charlie Zdebski Ray Kowalski Eric Schwalb