cle seminar - the fcc’s environmental and historic ... · april 2004 newsletter of the federal...

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Newsletter of the Federal Communications Bar Association APRIL 2004 The FCBA CLE Committee will be hosting a seminar on Thursday, April 8, 2004, 6:00-8:15 pm, Wiley, Rein & Fielding, 1750 K Street, N.W., 10th Floor,Washington, D.C. A registration form is on page 15. On May 1, 2003 FCC Chairman Michael Powell announced an ambitious plan to upgrade the Commission’s environmental rules, environmental expertise and enforcement policies. Calling this effort the “Environmental and Historic Preservation Action Plan,”the Chairman promised to move quickly in four areas, to: (1) increase agency expertise and modify rules as needed; (2) improve transparency and communication with external parties; (3) increase staff and resources and improve Commission policies and processes; and (4) implement a new program of swift, effective and vigorous enforcement. This seminar will examine and evaluate the FCC’s progress in the Action Plan over its first year. The panelists will review: (1) the new Nationwide Programmatic Agreement for historic preservation review; (2) the Notice of Inquiry (“NOI”) on migratory birds and interactions with the U.S. Fish and Wildlife Service and conservation groups involving protections to endangered species and migratory birds; (3) initiatives involving Indian tribes; (4) revisions to the procedures for protection human exposure to radiofrequency (“RF”) transmissions; and (5) the Commission’s rules implementing the National Environmental Policy Act (“NEPA”). Speakers include John F. Clark - Of Counsel in the Washington D.C. office of Perkins Coie LLP, Patrick Ryan - An Associate in the Seattle office of Perkins Coie LLP, and Roger C. Sherman - Senior Attorney/Director for Sprint’s Wireless Regulatory Affairs Group. April 21 Breakfast with John Rogovin The FCBA is hosting a breakfast with FCC General Counsel, John Rogovin on Wednesday, April 21, at the Mayflower Hotel, 1127 Connecticut Avenue, NW, Washington, D.C. Registration will open at 7:30 a.m. and breakfast buffet will open at 7:45 a.m. The cost of the breakfast will be $40 for Private Sector Members, $30 for Government and Academic Members, and $55 for Non- Members. Please use the registration form on page 15, to RSVP by Friday, April 16, 2004. John A. Rogovin is the General Counsel of the Federal Communications Commission. He joined the FCC in May 2001 as Deputy General Counsel. Prior to joining the Commission, he was a partner in the Washington, D.C. Office of O’Melveny & Myers. From 1993-1996, John served in the Justice Department as an Assistant to the Attorney General and John Rogovin CONTINUED ON PAGE 20 CLE Seminar - The FCC’s Environmental and Historic Preservation Action Plan - One Year Later FCBA Annual Seminar – April 30 – May 2 The 2004 FCBA Annual Seminar, “The Next Big Thing”, will be held April 30th – May 2nd at the new Hyatt Regency Chesapeake Bay Golf Resort and Spa. Located on the scenic Choptank River on the Eastern Shore, the resort is within a two-hour drive of Washington, D.C. in Cambridge, Maryland. The resort features a Keith- Foster designed championship golf course, lighted tennis courts, a European Health Spa and salon, a glass enclosed pool and lounge area, an 18 acre wildlife preserve, and Camp Hyatt for the kids.A wide variety of other recreational activities can be arranged through the resort concierge. Visit the resort’s web site at http://chesapeakebay.hyatt.com/ property/index.jhtml to find the complete details on all the amenities and activities the resort has to offer. You can make your resort reservations CONTINUED ON PAGE 3

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Page 1: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

Newsletter of the Federal Communications Bar AssociationAPRIL 2004

The FCBA CLE Committee will behosting a seminar on Thursday, April8, 2004, 6:00-8:15 pm, Wiley, Rein &Fielding, 1750 K Street, N.W., 10thFloor, Washington, D.C. A registrationform is on page 15.

On May 1, 2003 FCC Chairman MichaelPowell announced an ambitious plan toupgrade the Commission’senvironmental rules, environmentalexpertise and enforcement policies.Calling this effort the “Environmentaland Historic PreservationAction Plan,” the Chairman promised tomove quickly in four areas, to: (1)increase agency expertise and modifyrules as needed; (2) improvetransparency and communication withexternal parties; (3) increase staff andresources and improve Commissionpolicies and processes; and(4) implement a new program of swift,effective and vigorous enforcement.

This seminar will examine and evaluate

the FCC’s progress in the Action Planover its first year. The panelists willreview: (1) the new NationwideProgrammatic Agreement for historicpreservation review; (2) the Notice ofInquiry (“NOI”) on migratory birds andinteractions with the U.S. Fish andWildlife Service and conservationgroups involving protections toendangered species and migratorybirds; (3) initiatives involving Indiantribes; (4) revisions to the proceduresfor protection human exposure toradiofrequency (“RF”) transmissions;and (5) the Commission’s rulesimplementing the NationalEnvironmental Policy Act (“NEPA”).

Speakers include John F. Clark - OfCounsel in the Washington D.C. officeof Perkins Coie LLP, Patrick Ryan - AnAssociate in the Seattle office ofPerkins Coie LLP, and Roger C.Sherman - Senior Attorney/Directorfor Sprint’s Wireless Regulatory AffairsGroup.

April 21 Breakfastwith John RogovinThe FCBA is hosting a breakfast withFCC General Counsel, John Rogovin onWednesday, April 21, at the MayflowerHotel, 1127 Connecticut Avenue, NW,Washington, D.C. Registration will openat 7:30 a.m. and breakfast buffet willopen at 7:45 a.m. The cost of thebreakfast will be $40 for Private SectorMembers, $30 for Government andAcademic Members, and $55 for Non-Members. Please use the registrationform on page 15, to RSVP by Friday,April 16, 2004.

John A. Rogovin is the General Counselof the Federal CommunicationsCommission. He joined the FCC in May2001 as Deputy General Counsel. Priorto joining the Commission, he was apartner in the Washington, D.C. Office ofO’Melveny & Myers. From 1993-1996,John served in the Justice Department asan Assistant to the Attorney General and

John Rogovin

CONTINUED ON PAGE 20

CLE Seminar - The FCC’s Environmentaland Historic Preservation Action Plan -One Year Later

FCBA Annual Seminar – April 30 – May 2The 2004 FCBA Annual Seminar, “TheNext Big Thing”, will be held April30th – May 2nd at the new HyattRegency Chesapeake Bay GolfResort and Spa. Located on the scenicChoptank River on the Eastern Shore,the resort is within a two-hour drive ofWashington, D.C. in Cambridge,Maryland. The resort features a Keith-Foster designed championship golfcourse, lighted tennis courts,a EuropeanHealth Spa and salon, a glass enclosed

pool and lounge area,an 18 acre wildlifepreserve, and Camp Hyatt for the kids.Awide variety of other recreationalactivities can be arranged through theresort concierge. Visit the resort’s website at http://chesapeakebay.hyatt.com/property/index.jhtml to find thecomplete details on all the amenitiesand activities the resort has to offer.

You can make your resort reservationsCONTINUED ON PAGE 3

Page 2: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 2 APR I L 2004

PRESIDENT’S MESSAGEFEDERAL COMMUNICATIONSBAR ASSOCIATION© copyright 2004

1020 19th Street,N.W.Suite 325Washington,D.C.20036-6101Phone: (202) 293-4000Fax: (202) 293-4317E-mail: [email protected]: http://www.fcba.org

OFF I C ERSAlexandra M.WilsonPresident

Harry C. MartinPresident-Elect

Michele C. FarquharSecretary

Jennifer A.WarrenAssistant Secretary

Diane J. CornellTreasurer

James S. BlitzAssistant Treasurer

EXECUT IVE COMMIT T E ECarolyn W. BrandonRebecca L. DorchYaron DoriSelina Y. KhanByron F. MarchantMark D. SchneiderPeter D. ShieldsBryan N.TramontSheryl J.WilkersonHarry WingoChristopher G.Wood

CHAPTERREPRESENTAT IVESEllen S.AgressSuzanne K.Toller

DEL EGATE TO AMER ICANBAR ASSOC IAT IONR. Clark Wadlow

EXECUT IVE D IR ECTORStanley D. Zenor

DEPUTY D IR ECTORHeidi M.Kurtz

Editor - Heidi M.KurtzPhotographer - Mark Van Bergh

Password as of April 10,2004:297

DEAR MEMBERS :

How many of you internally shudder when someone suggeststhat spending a whole spring weekend with a bunch of com-munications lawyers is “a lot of fun?” That was certainly myreaction, many years ago, when a friend recommended that Iattend the FCBA’s Annual Seminar. Imagine my surprise when,overcoming my hesitation, I went and found that it was not onlyinformative but, in fact,a lot of fun.

This year, I hope that other like-minded skeptics have beenenticed to join us for the Annual Seminar on April 30 – May 2. To pique your interest,the Planning Committee – co-chaired by Mike Senkowski, Kathy Zachem and AnitaWallgren — has decided to try a few new things. First, the location is new – and closerthan our traditional haunts. We’ll be heading to the new Hyatt Regency in Cambridge,Maryland on the Eastern Shore, just a two-hour drive from Washington,DC. The facilityoverlooks the scenic Choptank River and boasts a top-notch golf course, tennis courts,swimming pools and spa,among other amenities.

If the change in locations hasn’t tempted you,perhaps some of the changes in the pro-gram have. This year’s theme is “The Next Big Thing,”and will focus on a wide range ofnew technologies from all sectors of the communications industry. Panels of expertswill discuss the exciting services that are just around the corner and explore togetherthe challenges of bringing them to market. And, thanks to the willingness of our par-ticipants from the FCC to break new ground, we’ve turned the usual format on itshead. This year, rather than answering questions, FCC Commissioners KathleenAbernathy, Michael Copps, Kevin Martin and Jonathan Adelstein will be asking them.Does anyone doubt that they’ll ask probing questions and engage their panelists inlively debate?

Of course, some of the best things about the Annual Seminar won’t change. Familieswill continue to bring their kids and enjoy a relaxed dinner and fun and games togeth-er on Friday night. Saturday afternoon, everyone will still be able to participate in awide variety of recreational activities – including, for the first time ever, a biking adven-ture through the Blackwater National Wildlife Preserve led by FCBA President-ElectHarry Martin. And Saturday night, we’ll still gather for our traditional cocktail partyand dinner, followed by ample opportunity to embarrass yourself on the dance flooruntil the wee hours of the morning.

I’m sure that many of you who have attended the Annual Seminar in the past will bereturning this year. I also hope that we will see many new faces there – the more, themerrier. I particularly encourage those of you “old timers”who are going to reach outto the newcomers who have mustered up the courage to join us for the weekend –we are a collegial bar and I very much want everyone to feel welcome. And, finally, ifyou haven’t attended the Annual Seminar before and have some trepidation aboutwhat you’re getting yourself into, put those fears aside. Just as I was, I think you’ll bepleasantly surprised that a weekend with a bunch of communications lawyers canactually be a lot of fun.

Alexandra M. Wilson

Page 3: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 3 APR I L 2004

ANNUAL SEMINAR

now for the seminar by using the HyattRegency Chesapeake Bay ResortRegistration Form on page 16.Reservations can be mailed or faxed tothe resort. Room rates are $185 per night,plus tax, for a resort view room and $205per night,plus tax, for a water view room.The FCBA special room rate wasguaranteed until March 30, 2004.However,you can still call to see if there isavailability by contacting the resort: 410-901-1234. Requests for a Governmentrated room should be made to Stan Zenor– 202-293-4000. A Seminar RegistrationForm is on page 17.

Friday evening will feature the traditionalfamily dinner and a variety of eveningactivities for everyone. The FCBA golfand tennis tournaments as well as a biketour of the Blackwater National WildlifePreserve will be held on Saturdayafternoon. If you are interested in thebike tour, please contact Heidi Kurtz,[email protected]. Plan on dinner anddancing Saturday evening and finish theseminar with brunch Sunday morningbefore returning home.

The seminar agenda as of March 24,2004is as follows:

ANNUAL SEMINARThe Next Big Thing!Advances TransformingIndustries andChallenging RegulatorsHYATT AT CAMBR IDGE , MDAPR I L 30 – MAY 2 , 2004

Friday, April 30

1:00 – 5:00 PMREG IS TRAT ION

4:00 – 4:15 PMWELCOME TO CONFERENCEAlexandra Wilson,FCBA President

4:15 – 5:15 PMGET T ING READY FOR THE NEXT B IG TH ING –PROCEDURES , POL I C I E S & PR IOR I T I E SAn Open Dialogue with the FCC’s Chiefof Staff

A candid look at what the FCC is doingto prepare for changes and facilitateinnovations. What reforms are beingconsidered and what legacyrequirements will remain in place?

Bryan Tramont, Chief of Staff, Office ofthe Chairman, Federal CommunicationsCommission

Mike Senkowski, Moderator

5:15 – 6:30 PMWIRE L ESS S ERV IC ES - THENEXT B IG TH ING?

Commissioner Kathleen Abernathy,Moderator

Steve Largent, CTIARichard C. Barth, Motorola Steve Zipperstein, Verizon WirelessTon van Kampen, PhilipsTyrone Brown, Iridium

6:30 – 7:00 PMRECEPT ION

7:00 – 8:30 PMFAMI LY D INNER ANDACT IV I T I E S

Alternative Activityfor SaturdayAfternoon!VIS I T THE HARR I E TTUBMAN MUSEUM &EDUCAT IONAL C ENTER ,INC .

FCBA Member David Honig hasoffered help organize an outing to theHarriet Tubman Museum andEducational Center in Cambridge onSaturday, May 1, during the AnnualSeminar.

Cambridge, Maryland has much tooffer to visitors. The city (62% AfricanAmerican) is steeped in civil war andcivil rights history; nearby Bucktown isthe birthplace of Harriet Tubman, thegreatest conductor of theUnderground Railroad who, with thegreatest courage, took over 300 slavesto freedom in Pennsylvania, New Yorkand Ontario, Canada. BlackwaterNational Wildlife Refuge is one of thenation’s finest bird and wildlifesanctuaries as well as a hiding place forescaped slaves traveling on theUnderground Railroad.

In order to provide this activity, theremust be at least 20 people registeredand paid. There is a required fee of$50.00 per person, but it is considereda tax deductible donation to themuseum. If you are interested ingoing, please contact Heidi Kurtz([email protected]) no later than April 23,2004, and she will fax you aregistration form.

• The Harriet Tubman Museum &Educational Center, Inc. has in mindfor Saturday,May 1:

• Leave Hyatt 12:45 PM• Arrive Museum 1 PM• Box lunches, historical overview by

Evelyn Townsend,Museum Director• Harriet Tubman theatrical Re-

Creation by Vernetter Pinder• Leave Museum 2 PM• Cambridge Historic Sites Tour, with

local historian/author JohnCreighton

• Arrive Tubman Birthplace andBucktown Store 2:40 PM

• Leave Birthplace 3:00 PM• Arrive Blackwater Visitors Center

3:10 PM• Leave Blackwater Visitors Center

3:30 PM for driving tour ofBlackwater National Wildlife Refuge

• Return to Hyatt 4:30 PM

CONTINUED FROM PAGE 1

CONTINUED ON PAGE 4

Page 4: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 4 APR I L 2004

ANNUAL SEMINAR

Saturday, May l

7:30 – 9:00 AMBREAKFAST

8:45 – 9:45 AMV IDEO BROADBAND – THENEXT B IG TH ING?

Commissioner Jonathan Adelstein,Moderator

Jim Ramo, MovieLinkMark Coblitz, Comcast (invited)Sam Matheny, DTV PlusAdditional Panelist TBD

9:45 – 10:45 AMUNL IC ENSED PRODUCTS &SERV IC ES – THE NEXT B IGTH ING?

Commissioner Michael Copps,Moderator

Kelly Williams, NABLee Chinitz, Proxim (invited)Paula H. Boyd, Microsoft (invited)Additional Panelist TBD

10:45 – 11:00 AMBREAK

11:00 – 12:00 PMVOIP - NEXT B IG TH ING?

Commissioner Kevin Martin,Moderator

Brad Ramsay, NARUC

Bob Quinn, AT&TDorothy Attwood, SBCJeffrey Citron,Vonage (invited)

12:00 – 12:15 PMWRAP UP ANDANNOUNCEMENTS

Noon – 7:00 PMLUNCH ON YOUR OWN ANDAFTERNOON ACT IV I T I E S

1:00 PMGOLF TOURNAMENT

1:00 PMTENN IS TOURNAMENT

2:00 PMB IKE TOUR OF B LACKWATERNAT IONAL W I LD L I F EPRESERVE

6:00 – 9:30 PMCAMP HYATT BANQUET ANDACT IV I T I E S FOR THE K IDS

7:00 – 7:30 PMCOCKTA I L R ECEPT ION

7:30 PMD INNER AND DANCE FORPART I C I PANTS , GUESTS ANDFAMI L I E S

Sunday, May 2:

8:30 – 10:00 AMBREAKFAST

The FCBA would like to acknowledgethe following Annual Seminar Sponsors:

GOLDCingular WirelessCTIAHarris Wiltshire & Grannis LLPNational Cable & Telecommunications

AssociationSBCT-Mobile USAVerizonWilkinson Barker Knauer,LLP

BRONZEALTS - The Association for Local

Telecommunications ServicesConnexion by Boeing SM

Hogan & Hartson LLPMorrison & Foerster LLPNews Corporation

(as of 3/26/04)

If you are interested in being a spon-sor, please contact Heidi Kurtz in theFCBA office.

CONTINUED FROM PAGE 3

SAVE THE DATE!T INKER , TA I LOR , LAWYERAND MORE : F IND INGT IME FOR THE MANYROLES WE P LAY IN ANDAWAY FROM THE OFF I C E

When we talk about work-lifebalance, many times we focus onhours in the office versus time withour families. While these are twoimportant aspects of our lives, eachof us is also defined by otheractivities and areas of interest. Comeand hear from a group of dynamictelecom professionals as they talkabout the many roles they play, notonly in the office and home but alsoin the other areas that help definewho they are and bring depth andmeaning to their lives — fromathletics, elder care providers,political and community activists,volunteers, and more.

Moderator: Susan Ness

Panelists:Mary Beth Richards, SpecialCounsel to the Chairman, FederalCommunications CommissionSusan L. Fox, Vice President,Government Relations,The WaltDisney CompanyScott Harris, Partner, HarrisWiltshire & Grannis LLPJulia Johnson, Chair, FCC’s FederalAdvisory Committee on Diversity inthe Digital AgeRick Whitt, Senior Director, GlobalPolicy & Planning, MCIJennifer Tatel, Associate, SidleyAustin Brown & Wood

Location: TBDDate: May 10, 2004Time: 6:30-8:30 pm

Sponsoring Organizations:Federal Communications BarAssociationWomens Bar AssociationWomen in Cable &Telecommunications

Page 5: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 5 APR I L 2004

SPECIAL EVENTS

FCBA to HostReception Markingthe 70thAnniversary of theCommunications Actof 1934The FCBA is pleased to announce a recep-tion to commemorate the 70thAnniversary of the Communications Act of1934 to be held from 6:00 – 8:00 p.m. onThursday, June 3, 2004, at theWashington Hilton & Towers, 1919Connecticut Avenue,NW,Washington,D.C.

The FCBA is inviting all former and cur-rent FCC commissioners to attend as itsspecial guests. We expect a good turnoutof the Bar for this event, which will beheld outside, weather permitting. Thereception will provide an opportunity togreet old friends and to visit with currentFCBA members.

Sponsorships at the Gold and SilverLevels are available for $500.00 and$250.00 respectively. A sponsor and indi-vidual registration form is located onpage 18 of this newsletter. If you haveany questions, please contact Stan Zenorat the FCBA office:202-293-4000.

FCBA/ABA/NAB hostLas Vegas Seminaron April 18 – LastChance to RegisterFCBA/ABA/NABCosponsor Las VegasSeminar“GET IN FRONT OF THE 8-BALL”

We’ve done it again! We’ve taken yoursuggestions for a practical seminar ofdaily issues facing broadcast lawyers andcreated 40 Fabulous Hot LegalIssues. We’ve structured panels to

reflect how stations are organized: com-pliance, webcasting, newsgathering, salesand programming. Once again, we’vestaffed the panels with a sensationalgroup of in-house and outside experts towalk through the Top 8 issues in eacharea in a very faced-paced, intense pro-gram, supplemented with valuable back-ground material. And back by populardemand, we will have WashingtonMeets Wall Street for a luncheon panelassessing the practical business falloutoutside the Beltway from likely policychanges on the Hill and at the FCC. KeyWashington policy makers and incisiveinvestment analysts will bring us quite anunusual perspective.

The day promises to be spirited, practi-cal, penetrating and relevant — the mak-ings of an excellent seminar program!

Discounted seminar registration is avail-able to all FCBA and ABA members.Housing fills quickly for this event whichwill be held this year at The BellagioHotel, Sunday, April 18. For reserva-tions, visit the NAB’s housing officeonline at www.nab.org/conventions orcall (888) 622-8830 or (703) 205-9114.

Program Schedule

7:30-8:45 amREG IS TRAT ION ANDCONT INENTAL BREAKFAST

8:45-9:00 amINTRODUCTORY REMARKSBY THOMAS B . K E L L EY,CHA IR , ABAForum on Communications Law, Faegre& Benson, LLP, Denver, CO; MarshaMacBride, Executive Vice President,National Association of Broadcasters,Washington, DC; and AlexandraWilson, President, FederalCommunications Bar Association, CoxEnterprises,Washington,DC

9:00-10:00 amCOMPL IANCE“Trouble with a Capital T ThatRhymes with G and That Stands for

the Government: Eight ComplianceTips To Stay Out of the Pockets…”

Moderator: Jerald N. Fritz, AllbrittonCommunications Company, Washington,DC

Speakers:Ann Bobeck, National Association ofBroadcasters,Washington,DCDavid Fleming, Gannett Company, Inc.,McLean,VA John Rogovin, Federal CommunicationsCommission,Washington,DC Melodie Virtue, Garvey Schubert Barer,Washington,DC

10:00-11:00 amWEBCAST ING “Chalking Up a Clean ‘Break’ onWebcasting’s Hot Issues…”

Moderator: Benjamin Ivins, NationalAssociation of Broadcasters, Washington,DC

Speakers:Bruce Joseph, Wiley Rein & Fielding,LLP,Washington,DCM. Denise Kuprionis, E.W. ScrippsCompany,Cincinnati,OHS. Jenell Trigg, Leventhal, Senter &Lerman,PLLC,Washington,DCDavid Wittenstein, Dow, Lohnes &Albertson,PLLC,Washington,DC

11:00-11:15 amBREAK

11:15 am -12:15 pmNEWSGATHER ING“Eight Is Enough! The Top LegalHeadaches Brought to You by YourNews Team …”

Moderator: Guylyn Cummins, GrayCary Ware & Freidenrich, LLP, San Diego,CA

Speakers:Thomas B. Kelley, Faegre & Benson,LLP,Denver,COKelli Sager, Davis,Wright Tremaine, LLP,Los Angeles,CACharles Sennet, Tribune Company,Chicago, IL

CONTINUED ON PAGE 6

Page 6: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

SPECIAL EVENTS

FCB A NEWS 6 APR I L 2004

Maya Windholz, National BroadcastingCompany, Inc.,New York,NY

12:15-1:45 pmLUNCHEON – WASH INGTONMEETS WAL L S TRE E T“2004: Will Broadcasting Bank OneIn on Wall Street? Or WillGovernment Screw Up the Shot?”

Moderators: Gregory M. Schmidt, LINTelevision Corp.,Washington,DCRichard E. Wiley, Wiley Rein &Fielding,LLP,Washington,DC

Speakers:Lee Carosi, Senate Commerce Science& Transportation Committee,Washington,DCHenry M. Ellenbogen, T.Rowe Price,Baltimore,MD Rachel Welch, Senate Commerce,Science & Transportation Committee,Washington,DCVictor Miller, Bear Sterns,New York,NYBryan Tramont, FederalCommunications Commission,Washington,DC

1:45-2:00 pmBREAK

2:00-3:00 pmSALES“Eight Sales Practices That CouldPut Your Station Behind The EightBall …”

Moderator: Margaret Tobey, Morrison& Foerster,LLP,Washington,DC

Speakers:Jack Goodman, National Association ofBroadcasters,Washington,DCRosemary Harold, Wiley Rein &Fielding,LLP,Washington,DCMark J. Prak, Brooks Pierce McLendonHumphrey & Leonard,LLP,Raleigh,NCKathleen Victory, Fletcher Heald &Hildreth,PLC,Arlington,VA

3:00-4:00 pmPROGRAMMING“Eight Cues from the ProgrammingExperts…”

Moderator: M. Anne Swanson, DowLohnes & Albertson, PLLC, Washington,DC

Speakers:Dennis Corbett, Leventhal, Senter &Lerman,PLLC,Washington,DC Susan Fox, The Walt Disney Company,Washington,DCAnita Wallgren, Sidley Austin Brown &Wood,LLP,Washington,DCKurt Wimmer, Covington & Burling,Washington,DC

4:00-5:00 pmRECEPT ION

FCBA & NCTAPartner on CLEProgramThe Federal Communications BarAssociation (FCBA) and the NationalCable & Telecommunications Association(NCTA) are working together to producea two-hour CLE session on Sunday, May2, from 2:00pm to 4:15pm.The sessionwill take place at the Ernest N. MorialConvention Center in New Orleans dur-ing the NCTA’s 2004 National Show.

During the first hour, general counsels ofmajor cable companies will provide a“front row” view of the legal side oftoday’s cable business.During the secondhour, a panel of experts will discuss thelegal issues involved in carrying politicaladvertising on cable television, includingnew requirements that apply to adver-tisements for candidates for federaloffice.

FCBA is submitting the two-hour sessionto the appropriate agency for the state ofVirginia.Two CLE credit hours are antici-pated to be granted for the Sunday ses-sion.

The cost of the CLE session for partici-pants not registered for The NationalShow is $75.This program is available toNCTA Convention Registrants at noadditional cost.

NCTA is also offering a special two-daypackage that provides registrants of theSunday CLE session access to the NCTANational Show on Monday, May 3rd.This special two-day package is availableto members of FCBA and attorney mem-bers of NCTA for $190. Nonmembersmay register for this special two-day pro-gram at $250.The on-site registration forthe two-day program is $210 for mem-bers and $270 for nonmembers.

To download a registration form for theFCBA/NCTA CLE Program:http://ftp.cable2004.com/pdf/fcba/regis-trationform.pdf

Or for more information regarding theNCTA’s 2004 National Show, go towww.thenationalshow.com or call theNCTA Industry Affairs Department at(202) 775-3669.

2004 WorldComputer andInternet LawCongress May 6-7The Computer Law Association inassociation with the FCBA is having itsannual meeting at the Park Hyatt Hotel inWashington, D.C. on May 6-7, 2004.Thisyear’s theme is “IT Law in an Era of RapidChange A How-to Program on StayingAhead of the Curve.” Registration infor-mation and pricing can be located at thefollowing link: www.cla.org, or you cancall (703-560-7747 for more information.

LAS VEGAS S EM INARCONTINUED FROM PAGE 5

Page 7: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 7 APR I L 2004

COMMITTEE AND CHAPTER EVENTSCable Practice Committee

Event: Brown Bag LunchDate/Time: Wednesday,April 14,12:15 p.m.Location: Dow Lohnes & Albertson PLLC,1200 New Hampshire Ave.,N.W.,Eighth Floor Speaker: W.Kenneth Ferree,Esq.,Chief,FCCMedia Bureau Topic: Media Bureau Chief Ken Ferree willprovide an overview of key issues currentlyunder consideration by the Bureau andanswer questions from the audienceCost: No cost,drinks will be provided For more information & to RSVP:Quyen Truong,[email protected]

Diversity Committee

Event: Brown Bag Lunch,drinks will beprovidedDate/Time: Thursday,April 15,12:30-1:30 p.m.Location: Leftwich & Ludaway,LLC,1401New York Avenue,NW,Suite 600Speaker: Natalie Ludaway,Leftwich & LudawayTopic: “Learning the Secrets of Small FirmSuccess:Building a Legacy”Ms.Ludaway willdiscuss the benefits of launching a legal careerat a small law firm and establishing andmaintaining a diverse client baseRSVP to: Angela M.Bushnell,202-434-9121or [email protected] no later thanApril 12For more info: please contact Joy M.Ragsdale,202-261-1427 [email protected]

Mass Media Committee

Event: Brown Bag LunchDate/Time: Thursday,April 29,12:15 p.m.Location:Dow Lohnes & Albertson,PLLC,1200 New Hampshire Avenue,NW,8th FloorTopic: the television license renewal processSpeakers: Barbara Kreisman,Chief of theFCC’s Video Division,along with her staffFor more info: Frank Jazzo,[email protected] to: none required

Midwest Chapter

Event: April 27 Seminar – See page 8

Event: May 14 Luncheon with CommissionerAbernathy(See info on pages 8 and 15)

Northern California Chapter

Event: April 28 Luncheon withCommissioner Abernathy(See info on pages 8 and 15)

Online CommunicationsCommittee

Event: Brown Bag LunchDate/Time: Wednesday,April 28,12:15 p.m.Location: Piper Rudnick,1200 19th Street,N.W.Speaker: Hillary Brill,Office ofCongressman Rick BoucherRSVP to: Evelyn Opany,202-689-7163

Texas Chapter

Event: Brown Bag LunchDate/Time: Friday,April 16,Noon Location: Frost Bank Building,11th FloorConference Room,Suite 1140816 Congress Avenue,Austin,TexasTopic: Wi-Fi Law and TechnologySpeaker: Kem McClelland,Attorney withthe law firm of Conley RoseFor more info: Dineen Majcher,512-322-9065 or [email protected]

Transactional Practice Committee

Event: Brown Bag LunchDate/Time: Wednesday,April 21,NoonLocation: Skadden,Arps,Slate,Meagher &Flom LLP,700 14th Street,NW,11th FloorTopic: M&A Opportunities in Telecom andMediaSpeakers: Michael Price,Vice Chairman ofEvercore Partners,Chuck Wiebe,Partner,BIACapitalRSVP to: Ava Smith,[email protected] or202-371-7201

Wireless TelecommunicationsCommittee

Event: LuncheonDate/Time: Friday,May 7,12:15 p.m.Location: Sidley,Austin,Brown & Wood,1501K Street,NW - 6th Floor

Topic: Hot topics for NTIASpeakers: Michael D.Gallagher,ActingAssistant Secretary of Commerce forCommunications and Information,and thenew members of NTIA’s senior managementteam,John Kneuer,Counselor to the ActingAssistant Secretary;Meredith Attwell,SeniorAdvisor; Joe Watson,Associate Administratorfor Policy;and Tracey Rhoades,SpecialAssistantCost: $15.00RSVP to: Wendy Parish no later than 5:00p.m.on Tuesday,May 4th - [email protected]

Young Lawyers Committee

Event: Happy HourDate/Time: Thursday April 15,6:00-8:30 p.m.Location: Café Asia at 1720 I Street,NW.Near the Farragut West and Farragut NorthMetros The new Café Asia has excellent $1sushi specials,half price sake and beerspecials.Phone Number: 202-659-2696For more info: Jason Friedrich at 202-354-1340 or [email protected] or PamSlipakoff at 202-418-7705 [email protected]

Event: Brown Bag LunchDate/Time: Friday,May 7,12:15 p.m.Location: Shaw Pittman LLP,2300 N Street,NW,Conference RoomTopic: “The Role of In House Counsel”- Jointhe YLC for a discussion with attorneys fromsome of the nation’s preeminent media andtelecommunications companies.Our featuredspeakers will discuss their roles as in housecounsel, including the type of regulatory andlegislative work they do,and will identify theissues that are high on their companies’agendas.Speakers: Susan Fox,Vice President -Government Relations,The Walt DisneyCompany;Phil Passanante,Managing Attorney,RCN Corporation;Doug Brandon,VicePresident - Federal Affairs and Law,AT&TWireless Services, Inc.Lon Levin,VicePresident - Regulatory Affairs,XM SatelliteRadio,Inc.to the list of speakers.For more info: Chris Fedeli [email protected] or Tony Lin [email protected]

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FCB A NEWS 8 APR I L 2004

COMMITTEE AND CHAPTER NEWS

FCC CommissionerAbernathy to Speakin San Francisco onApril 28The FCBA’s Northern CaliforniaChapter is pleased to announce that theluncheon with FCC CommissionerKathleen Abernathy has been resched-uled to Wednesday, April 28, 2004.Please note that you must register againeven if you registered for the February 27luncheon that had to be cancelled. Theluncheon will be held from Noon to 2:00p.m. at the offices of Steefel, Levitt &Weiss, One Embarcadero Center, 30thFloor, in San Francisco. The cost is $35 forFCBA Members and $50 for non-mem-bers. A registration form is on page 15.The Federal Communications BarAssociation (provider # 4649) certifiesthat this activity has been approved forMCLE credit by the State Bar of Californiain the amount of 1.0 hours. Please RSVPby Friday, April 23.

Midwest ChapterSeminarThe Federal Communications BarAssociation Midwest Chapter and Foleyand Lardner will be hosting a seminar,“Remedies for Telecom Recovery (orRelapse),” on Tuesday, April 27 from8:00 to 9:30 a.m. at Foley and LardnerLLC., 321 North Clark Street, Suite 2800,Chicago.

The speaker will be Bob Atkinson,Director of Policy Research at theColumbia Institute for Tele-Information(CITI) and formerly Deputy Chief of theFCC Common Carrier Bureau and SeniorVice President for Legal, Regulatory &External Affairs at TeleportCommunications Group. CITIconducted a year-long program toexamine the causes of the "boom andbust" of the U.S. telecommunicationsindustry. Mr. Atkinson will summarizeCITI‚s findings and recommendationsand outline the consequences for thefuture of the telecom industry, including

the impact on telecommunications law,regulation and policy. For furtherinformation on CITI and the Remediesfor Telecom Recovery project, see:http://www.citi.columbia.edu.

A light breakfast will be available. Buildingsecurity will require the names of allattendees on the day before the event, soplease RSVP no later than April 26th to:[email protected] or 312-832-5754.

FCC CommissionerAbernathy to Speakin Chicago on May 14On Friday, May 14, 2004, FCCCommissioner Kathleen Q. Abernathywill be speaking at a luncheon hosted bythe Midwest Chapter of the FCBA. Themeeting will be held from Noon to 1:30PM (CST) at the Palmer House Hotel indowntown Chicago.The price to attendis $45.00 for FCBA members and $60.00for non-members. See page 15 to register.Contact Scott Kellogg ([email protected]), Lisa Washburn([email protected]) or RobNeumann ([email protected]) for more information.

Commissioner Abernathy was nominatedand sworn in as a Commissioner in May2001. As a commissioner, she is responsi-ble for representing the public interest ineach of the policy areas under the FCC’sjurisdiction, including regulation ofbroadcast television, cable, satellite,domestic and international communica-tions, wireless telephony, consumer pro-tection and general enforcement of FCCrules. Prior to her FCC appointment,Commissioner Abernathy was VicePresident of Public Policy at BroadBandOffice Communications, Inc. Before that,she was a partner at the law firm ofWilkinson Barker Knauer. CommissionerAbernathy’s experience also includesserving as Vice President for RegulatoryAffairs at U.S. West, Inc. and as VicePresident for Federal Regulatory atAirTouch Communications, Inc.

Commissioner Abernathy also held sever-al positions at the FCC, including asTelecommunications Legal Advisor toFCC Chairman James H. Quello, LegalAdvisor to Commissioner Sherrie P.Marshall, and Special Assistant to theFCC’s General Counsel.

New EnglandChapterOn March 12, 2004, the New EnglandChapter held a successful two-panelevent on the Emergence of Broadbandover Power Lines (BPL), and complemen-tary services riding over the BPL such asVoIP. The event was co-sponsored by theBoston Bar Association, and held at theirspacious downtown Boston location.The all-star line-up for the event consist-ed of: Bryan Tramont, Chief of Staff orFCC Chairman Michael Powell; AlanShark, President of the Power LineCommunications Association; DavidDiamond, Vice-President of Operationsfor Amperion, Inc.; Paul Vasington, V.P.,Analysis Group, Inc (Former Chair, Mass.DTE); Harry Davidow, AT&T ChiefCounsel, New England and New York,and Robert Atkinson, Director of PolicyResearch at the Columbia Institute ofTele-Information. Doug Denny-Brown,FCBA New England Co-Chair, andGeneral Counsel/V.P. Regulatory Affairsfor RNK Telecom, moderated. Despite anin progress “nor-easter”and wintry condi-tions, more than forty people attendedthe event, and were treated to a wonder-ful education on the technology of BPL,market roll out plans, and cutting edgeanalysis of the relevant legal and regulato-ry issues. The presentations were crisp,the commentary was insightful and live-ly, and the snacks were tasty, and plenti-ful, thanks to a donation by the Bostonlaw firm of Rich,May.

Among other events, the New EnglandChapter is looking to set up a brown baglunch, or lunches in the near future withthe several new New England public util-ity commissioners to introduce them tothe communications community at large,and FCBA members specifically.

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COMMITTEE AND CHAPTER NEWS

FCB A NEWS 9 APR I L 2004

Diversity CommitteeOn March 12, the FCBA DiversityCommittee hosted a very successfulbrown bag lunch with special guestsFCC Commissioner Kathleen Q.Abernathy, Debra L. Lee, President andChief Operating Officer of BlackEntertainment Television, and Michele C.Farquhar, a partner with Hogan &Hartson. The topic was balancing worklife and family life.

Volunteer at LegalWalk-in ClinicThe next Bread for the City LegalWalk In Clinic date is Saturday, May8. Tell your friends!

The FCBA’s Young LawyersCommittee organizes volunteers tospend three hours once a quarterhelping lower income individualsthrough a clinic sponsored by the DCBar. We co-volunteer with the DOJAntitrust Division. Attorneys receivea half-hour overview/orientationbeginning at 9:30 am over bagels andjuice. Volunteers are expected toassist clients only during the timethey are at the clinic.No special legalknowledge is needed — attorneysgenerally need to keep an eye out forpotential legal issues while usingtheir common sense to solve amyriad of questions and makereferrals to other organizations.Experienced attorneys on-site willassist FCBA attorneys and othervolunteers with any questions.Previous attendees have describedthis as “the most satisfying volunteerexperience I’ve had as an attorney.”

You must either be a member of theDC Bar, have an application pendingto the DC bar, or be an employee ofthe federal government to provideadvice. Those who are not DC barmembers,paralegals and law studentsare needed, however, to provideintake and triage. Law students canhave the opportunity to sit in onadvice sessions. Remember, dress iscasual,but respectful.Bring a pen.

The clinic is located at Bread for theCity, 1525 7th St., NW WashingtonDC. Metro accessible on the Greenline, Howard University Metrostation, exit at 8th & R Streets.

Please email Cheryl Leanza if youwould like to participate:[email protected]. If youwould like more information aboutthe clinic, their web site is:http://www.breadforthecity.org/

Commissioner Abernathy speaks to the crowd.

Michele Farquhar

Commissioner Abernathy and Debra Lee.

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FCB A NEWS 10 APR I L 2004

COMMITTEE AND CHAPTER NEWS

NationalTelecommunicationsMoot CourtCompetitionCommitteeOn February 20-21, 2004, the FCBA andthe Catholic University of America’sColumbus School of Law co-hosted theTenth Annual NationalTelecommunications Moot CourtCompetition. Congratulations to the win-ners and to all participants!

Adrienne Griffin, William and Mary School of Law, Best Oralist.

Kelly Klein and Jeff Timmerman, Florida State University College of Law, BestBrief winners.

Final team participants hold a post-argument discussion of case with finalround judges.

Georgetown University School of Law – 2nd place Team, from left, JenaValdefero, Matt Wetzel and Cindy Fleming.

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FCB A NEWS 11 APR I L 2004

COMMITTEE AND CHAPTER NEWS

Final teams with final round judges – from left, Catholic University’s Leslie Gallagher, Amy Mushahwar, and Daniel Miller, judges Harry Martin, AndrewSchwartzman, Mac Armstrong and Peter Doyle and Georgetown University’s Cindy Fleming, Jena Valdefero and Matt Wetzel.

Judges Joe Hennessey, Jane Mago, and David Solomon.Kathryn Goff, William and Mary School of Law.

Jeff Timmerman, Florida State University Collegeof Law (also Best Brief winner-team).Catholic University – 1st Place Team with Moot Court Board Chairman, Dean Fox at left.

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FCB A NEWS 12 APR I L 2004

“Radio Day” AtMartha’s Table –April 25Sunday, April 25th, will be “Radio Day” atMartha’s Table. Attorneys from privatepractice, trade organizations and the gov-ernment who work with radio broadcast-ing companies will be volunteering thatday, from 10:00 a.m. until 1:00 p.m., toassist in the preparation of meals for theDistrict’s homeless population. Family,friends and even attorneys with otherpractice areas are welcome to join us. Asmany have discovered, this is a greatevent for children as well. Martha’s Tablefeeds hundreds of hungry, homelessadults and children on the streets ofWashington daily, through its mobilesoup kitchen, McKenna’s Wagon. Pleasebring sandwich fixings (bread and sand-wich meat) with you, as the center oftenruns out of donated food.

Martha’s Table is located in a yellowbuilding at 2114 Fourteenth Street, NW,in the District, near the intersection of14th and U Streets. On-street parking isavailable. For more information, contactHoward Weiss at 703/812-0471 ( or ChrisWood at 202/939-7903 ([email protected]).

Volunteers Wantedfor McKenna’sWagon Mobile SoupKitchen on April 25FCBA volunteers will meet to assistMartha’s Table’s, mobile soup kitchen,McKenna’s Wagon on Sunday, April 25.Volunteers will meet on Sunday after-noon at Martha’s Table before theydepart with the van of food to selectedlocations. Other upcoming volunteerdays are April 25, May 23 and June 27. Tovolunteer, or for more information aboutMcKenna’s Wagon, please contact: CaraVoth – [email protected] or Tom VanWazer - [email protected].

8th Annual FCBAFoundation GolfTournament Friday,June 18Its time to mark your calendars for the8th Annual FCBA Foundation HonorableRobert E. Lee Memorial Golf Tournamenton Friday, June 18, 2004, which is anew date from what was previouslyreported. The group will return to Bull

Run Country Club in Haymarket,Virginia.The tournament shotgun start begins at9:00 a.m., but the driving range opens at7:00 a.m. and a continental breakfast isserved at 7:45 a.m. Golfers will alsoreceive lunch afterwards during theawards ceremony.

This will be the Foundation’s third visitto the Bull Run, and the first time havingit on a Friday. The tournament is anenjoyable day for a good cause - raisingover $25,000 for the FCBA Foundation’sScholarship Fund, which provides col-lege funds for deserving District ofColumbia high school graduates as wellas stipends for unpaid Law School sum-mer interns at government agencies.

The tournament is named in memory offormer Federal CommunicationsCommission (FCC) Chairman Robert E.Lee, who passed away in April 1993 afterserving on the FCC for almost thirtyyears. Chairman Lee served as aCommissioner of the FCC for 28 yearsand was instrumental in the early devel-opment of color television, among othercontributions to federal communicationspolicy.

A Golf Tournament RegistrationForm is on page 19. If you are interestedin helping out with the tournament plan-ning, or on the day of the event, contactHeidi Kurtz in the FCBA office.

15th Annual CharityAuctionThe 15th Annual Charity Auction,sponsored by the FCBA CharityAuction Committee, comprised ofmembers of the Young LawyersCommittee and the FCBA FoundationBoard of Trustees, will be held onNovember 18, 2004 at the HamiltonCrowne Plaza’s Almas Temple at 14th andK Streets. The Auction Committee isaccepting applications from local chari-ties to be considered as the recipient ofthe auction proceeds.In order to be considered, the charity

FCBA FOUNDATION NEWS

On February 29th, FCBA volunteers at Martha’s Table were joined by Chief Counsel Kathy Smith, DeputyChief Counsel Milton Brown, and other volunteers from the NTIA.

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FCB A NEWS 13 APR I L 2004

FCBA FOUNDATION NEWS

John L. Tierney - APersonal Testamentand RecollectionBY R I CHARD F. SW I F T

The communications law bar lost one ofits most talented members when JackTierney died at his home in Bethesda onFebruary 20, 2004, after being diagnosedwith cancer on the eve of the New Year.

A native of Paterson, New Jersey, Jackbegan his career in communications onthe college radio station at St. Peter’sCollege in New Jersey and then workedat a radio station in Patchogue, LongIsland, after a stint in the U.S. Army from1954 to 1956. After graduation fromGeorgetown Law Center, from which he

also received a master’s degree in law, hejoined the staff of the FederalCommunications Commission in the1960s, working in the Broadcast Bureau.Subsequently, he joined Robert Booth inthe practice of communications law andlater migrated to Fletcher, Heald &Hildreth. He then joined the firm ofMcKenna & Wilkinson, after which heestablished his own practice in 1974.

Jack and I joined forces in 1981 andworked together as Tierney & Swift untilhis retirement in 1998. He was a“lawyer’s lawyer” – one who was asaccomplished in preparing an incisiveand concise brief as he was in cross-examining a witness in the hearingroom. I recall Review Board MemberNorman Blumenthal commenting pub-licly on the excellence of his brief in anoral argument – Jack was one of the few

who could parry word for word withhim.

Jack is survived by his wife of 40 years,Mary Ann, by five sons, John and Justin,who are residents of Silver Spring,Matthew, who lives in San Francisco,Brian, a resident of Columbus, Ohio, andKevin, who resides in Cincinnati; by foursisters, and by nine grandchildren, eightof whom are girls.

He will be remembered for his intelli-gence, for his sense of humor, for hiscompassion and concern for justice, andfor his devoted love of family – and alsofor the countless books he left behind.He was an inveterate reader and a stu-dent of philosophy. He would have madea great teacher. His absence from the fab-ric of life and law is our loss.

IN MEMORIAM

must meet the following criteria:

1. The charity fulfills the “core” needs ofchildren.

2. The charity does not receive themajority of its funding from thegovernment.

3. The charity does not discriminate.

4. The charity primarily serves those inthe Washington, D.C. metropolitanarea.

5. Our donation will make a difference inthe charity’s budget. The donation(based on the total raised at the prioryear’s Charity Auction) will be at morethan 1% but not more than 25% of thecharity’s budget from the prior year.

6. The charity has not been the recipientof the FCBA Auction in 2002 or 2003.

To be considered, a charity must respondin writing describing how it meets theabove-referenced criteria and should

Members of the Charity Auction Committee present a check to the 2003 auction recipient, the SpanishEducation Development Center on March 4, 2004.

include other relevant information suchas promotional materials describing itsactivities and a financial report from itsprior year. Please send your responseto Heidi Kurtz, FCBA Foundation,

1020 19th Street, NW, Suite 325,Washington, D.C. 20036, no laterthan Friday, June 18, 2004.

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FCB A NEWS 14 APR I L 2004

JOB BANK

TO RESPOND TO JOB BANKL I S T INGS

If the employer is listed,send the informationrequested directly to the employer. If you areresponding to a BLIND BOX listing,sendONE COPY of the information requested toHeidi Kurtz,Federal Communications BarAssociation,1020 19th Street,NW,Suite 325,Washington,DC 20036-6101,or EMAIL it [email protected]. Please clearly indicate theBlind Box number to which you are respond-ing. If you are applying to a Blind Box,youmay enclose a separate note to the FCBA spec-ifying any organization to which you do notwish your application to be forwarded.Responses to Blind Box listings can be accept-ed only from FCBA members.

TO L I S T A JOB

Complete a Job Bank Form and send or faxthe Form and the appropriate payment toHeidi Kurtz,Federal Communications BarAssociation,1020 19th Street,NW,Suite 325,Washington,DC 20036-6101.In addition,please email the text of the ad [email protected]. Listings and paymentreceived by the 10th day of each month willappear in the next month’s newsletter. If possi-ble,ads should not exceed 75 words. Pleasecall the FCBA,(202) 293-4000,for a Job BankForm. (No headhunters please).

CORPORATE/ LAW F I RM

4.04.1Nation’s largest broadband service providerseeks Director-Regulatory Compliance for itscircuit-switched and VoIP phone businesses.Responsibilities include ad hoc support of reg-ulatory compliance and implementationissues;drafting,negotiation and arbitration ofinterconnection agreements and collocationagreements;and more.Qualified candidate willhave a minimum four years’ telecom experi-ence within a law firm or telecom companyand ability to interact with state regulatoryand legislative officials.Position based inDenver or Philadelphia and requires sometravel outside primary location.Please notethis is a Blind Box Ad.

3.04.2The Washington office of Latham &Watkins (www.lw.com) seeks anexperienced communications associate to joinits dynamic Global Communications Practice.Ideal candidate has 2-5 years of law firm orgovernment experience on legal matters relat-ed all aspects of telecommunications regula-tion. Exceptional academic achievement andexcellent work references required. Sendresume and law school transcript to LaurelBarnes,Manager of Attorney Recruitment &

Development,Latham & Watkins,555 EleventhStreet,NW,Suite 1000,Washington,DC 20004or by e-mail to [email protected]. Latham& Watkins is an equal opportunity employer.

4.04.2The Washington office of Birch Horton Bittner& Cherot is seeking a highly motivated associ-ate for position focusing on telecommunica-tions regulation and litigation. Applicant musthave strong academic credentials,communica-tions,writing and research skills. A Virginia Barmembership is helpful. Salary and benefitscommensurate with qualifications. Pleasesend resume and writing sample to BirchHorton at:[email protected] or by mail:1155 Connecticut Avenue,NW,Suite 1200,Washington,DC 20036,Attn:Recruiting.

4.04.3 D.C.-based law firm with well-established prac-tice in a broad range of areas seeks experi-enced attorneys with excellent academic cre-dentials and strong writing skills for the fol-lowing practice area:Communications- Seekscommunications associate with a minimum oftwo years of telecommunications experience(agency or law firm) for an expanding prac-tice,that emphasizes sophisticated satellite,international,wireless and common carriermatters.All inquiries will be held in strict con-fidence. Candidates should apply directly tothe firm. Please forward cover letter,resumeand law school transcript to:Rosemary K.Morgan,Director of Attorney Services andRecruiting,Steptoe & Johnson LLP,1330Connecticut Avenue,NW,Washington,DC20036-1795 or Fax (202) 429-3902.

4.04.5 D.C.-based law firm with well-established prac-tice in a broad range of areas seeks experi-enced attorneys with excellent academic cre-dentials and strong writing skills for the follow-ing practice area:Technology/National Security- Seeks technology associate with policy back-ground to work at intersection of high technol-ogy,national security, law enforcement,telecommunications and export controls.Candidates must have a working knowledge ofVoice over Internet Protocol (VoIP),Communications Assistance for LawEnforcement Act,Foreign IntelligenceSurveillance Act,Computer Fraud and AbuseAct and Electronic Communications PrivacyAct. This position requires an ability to jugglemultiple clients and projects at the same time.Steptoe & Johnson LLP is an equal opportunityemployer. All inquiries will be held in strictconfidence. Candidates should apply directlyto the firm. Please forward cover letter,resumeand law school transcript to:Rosemary K.Morgan,Director of Attorney Services andRecruiting,Steptoe & Johnson LLP,1330Connecticut Avenue,NW,Washington,DC20036-1795 or Fax (202) 429-3902.

NON-PROF I T /ACADEM IC

4.04.4Media Access Project,a nonprofit organizationin Washington,DC,that advocates for mediaand telecommunications policies that facilitatethe free flow of information and increase thenumber of independent voices in all media,hasretained Slesinger Management Services torecruit a Director of Operations.This personwill serve as the hands-on financial and admin-istrative director of a small,fast-paced,nonprof-it public interest law firm. The ideal candidatewill have:At least five years experience in awide-ranging operations role at a nonprofitorganization or law firm,a track record of suc-cessful financial management,experienceintroducing change,especially processimprovement,in a growing organization,andstrong support for MAP’s mission.To see the full job announcement,go tohttp://www.SlesingerManagement.com.

4.04.6The FCBA Executive Committee has approvedthe hiring of a part-time staff member to dobookkeeping and other administrative tasks. Ifyou know of anyone who might be interestedand qualified,please feel free to share this jobdescription with them. The position willremain open until filled,however we hope tohave the person on staff by mid May. Part-timeBookkeeper/Administrative Assistant:Underthe supervision of the Executive Director andin coordination with the Treasurer and exter-nal auditor,shall maintain the financialaccounting system for the Association and theFoundation, including:make daily deposits ofall association income,processing credit cardtransactions,maintaining accounts receivablesand payables,preparing checks for approvaland signature,preparing monthly financialreports for the Executive Director andTreasurer,providing other financial data asneeded by the Executive Director, the DeputyDirector,and the Executive Committee,andreconciliation of bank statements.Additionally,the Administrative Assistant/Bookkeeper shall be responsible for:EventRegistration:Serve as in-office registrar for allAssociation events, including:maintaining data-base of registrants for each event,collectingregistration fees for each event,making eventdatabase available to all other staff for internaluse,and making event database available toappropriate event and committee chairs.SalesFulfillment:Oversee the fulfillment of requestsfor materials and publications,including orderprocessing,invoicing,and collection.Other:During absence from office of AdministrativeAssistant,cover incoming telephone calls andmake database entries,as well as other dutiesas assigned by the Executive Director andDeputy Director. Qualifications:High School

CONTINUED ON PAGE 20

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FCB A NEWS 15 APR I L 2004

COMMITTEE AND CHAPTER EVENT FORMName__________________________________________________ Organization ____________________________________________

Address ________________________________________________ Suite/Room/Apt._________________________________________

City/State/Zip ___________________________________________________________________________________________________

Phone____________________________Fax____________________________E-mail _________________________________________

CHECK THE EVENT(S) FOR WHICH YOU ARE REGISTERING:

■■ Thursday, April 8, 2004 CLE Seminar,Wiley Rein &Fielding,1750 K Street,NW,10th Floor, Washington D.C.,6:00 – 8:15 p.m.Cost:$75.00 for Private Sector Members;$50.00 forGovernment and Academic Members,and $125.00 for Non-MembersRegistrations and cancellations due by 5:00 p.m.,Tuesday, April 6, 2004

■■ Wednesday, April 21, 2004 Rogovin Breakfast,Mayflower Hotel,1127 Connecticut Avenue,NW,Washington D.C. Registration will open at 7:30 a.m.Buffetopen at 7:45 a.m.Cost:$40.00 for Private Sector Members;$30.00 forGovernment and Academic Members,and $55.00 for Non-MembersRegistrations and cancellations due by 5:00 p.m.,Friday, April 16, 2004

■■ Wednesday, April 28, 2004 No. California ChapterLuncheon, Steefel,Levitt & Weiss,One EmbarcaderoCenter,30th Floor,San Francisco. Noon – 2:00 p.m.Cost:$35.00 for FCBA Members and $50.00 for Non-MembersRegistrations and cancellations due by 5:00 p.m.,Friday, April 23, 2004

■■ Friday, May 7, 2004 Wireless Luncheon, Sidley AustinBrown and Wood,1501 K Street,NW,Washington,DC.12:15 p.m.Cost:$15.00Registrations and cancellations due by 5:00 p.m.,Tuesday, May 4, 2004

■■ Friday, May 14, 2004 Midwest Chapter Luncheonwith Commissioner Abernathy,The Palmer HouseHotel,17 East Monroe Street,Chicago, IL. Noon.Cost:$45.00 for FCBA members and $60.00 for non-membersRegistrations and cancellations due by 5:00 p.m.,Monday, May 10, 2004

$_______________ Total Enclosed ■■ Visa ■■ MasterCard ■■ American Express

Credit card no. ____________________________________________________________ Exp.date _____________________________

Signature_______________________________________________________________________________________________________

PAYMENT MUST BE RECEIVED NO LATER THAN THE DAY OF THE EVENT. PHONE REGISTRATIONS WILL NOT BEACCEPTED.

PLEASE FAX THIS FORM TO: Wendy Parish,Federal Communications Bar Association,Fax:(202) 293-4317

CLE CREDIT: FCBA will be requesting accreditation from the State Bars of Virginia andCalifornia for continuing legal education credit. If approved, forms for Virginia andCalifornia will be available at the Seminar Registration Desk. Please note that FCBAdoes not obtain CLE credit for other states. The FCBA will,however,assist withapplications to other states,but attorneys must apply individually for credit coursesand submit any forms and payments necessary directly to the state bar. The number ofcredits corresponds with the number of hours of course time, i.e.,a two-hour seminarequals 2.0 hours of credit.

Federal Communications Bar Association 1020 19th Street,N.W.,Suite 325Washington,D.C.20036Phone: (202) 293-4000 Fax: (202) 293-4317 E-mail: [email protected]

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FCB A NEWS 16 APR I L 2004

Registration Form

Meeting Name: Federal Communications Bar Association 2004 Annual Seminar

Meeting Dates: 04/29/04 – 05/02/04

Registration Deadline: 03/30/04

***Mail form to Hyatt Regency Chesapeake Bay or Fax to 410-901-6302100 Heron Blvd Attn : ReservationsCambridge, MD 21613

Attn : Reservations

Guest Name: ___________________________________

Number of Guests : Adults _____ Children _____

Address: _________________________________________________________________________________________________________________

Phone #: _____________________________

Credit Card # : ____________________________ Ex. Date ___________

Arrival Day & Date :__________ Departure Day & Date :__________

Room Type :1. Resort View 1 KING = $185 per night _____2. Resort View 2 DDBL = $185 per night _____3. Water View 1 KING = $205 per night _____4. Water View 2 DDBL = $205 per night_____

Smoking _____ or Non-Smoking _____

*** All Rates are subject to 10% tax.*** Cancellation policy is 72 hours prior to the arrival date. If canceled within policy one nightdeposit is charged.

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FCB A NEWS 17 APR I L 2004

PL EASE TYPE OR PR INT C L EARLY

Registrant’s Name ______________________________________

Organization___________________________________________

Address _______________________________________________

Suite/Room/Apt. _______________________________________

City/State/Zip__________________________________________

Phone ________________________________________________

Fax___________________________________________________

Email _________________________________________________

Your Golf Handicap_____________________________________

Your Guest/Spouse Handicap_____________________________

Spouse/Guest Name ____________________________________

Children’s Names and Ages_______________________________

______________________________________________________

______________________________________________________

Please provide nicknames for name badges for all attendees (if applicable) _____________________

______________________________________________________

______________________________________________________

REG IS TRAT ION F E ES :FCBA Private Sector Member $350.00FCBA Government/Academic/Law Student Member $175.00Non-Member $550.00Spouse/Guest $195.00Children (ages 13 to 18) $165.00Children (ages 4 to 12) $95.00Golf Tournament $150.00Tennis Tournament $35.00

CALCULATE AMOUNT DUE

Registrant $ __________________

Plus Spouse/Guest $ __________________

Plus Children (ages 13 to 18) $ __________________

Plus Children (ages 4 to 12) $ __________________

Plus Golf Tournament $ __________________

Plus Tennis Tournament $ __________________

TOTAL REGISTRATION FEES $ __________________

PAYMENT

■■ Check made payable to FCBA

■■ Credit Card

■■ VISA ■■ MasterCard ■■ American Express

Card Number _______________________________________

Expiration Date______________________________________

Card Holder Name ___________________________________

Signature ___________________________________________

CANCE L LAT ION POL I CYAll registration fees must be received by April 16, 2004.Cancellations will be accepted and FCBA registration feesrefunded (less a $50.00 cancellation fee per person) if notice isreceived no later than April 16,2004.No refunds will be grantedafter this date. If for any reason FCBA cancels this seminar, it isnot responsible for any travel, hotel accommodations, or othercosts incurred by the registrant. Registration for the event maybe transferred to another person upon written request to theFCBA office.

The Annual Seminar Registration Fee includes attendance at allof the CLE Seminars; Friday evening’s family dinner; Saturdayevening’s reception and banquet; Saturday evening’s KidsBanquet and activities; and breakfast buffets on Saturday andSunday. Meals and activities not included in the Annual SeminarRegistration Fee and not sponsored by FCBA (e.g., golf andtennis tournaments, Kids Camp and lunch on Saturday) are theresponsibility of attendees.

MAI L OR FAX REG I S TRAT IONNo registrations will be processed without payment. Ifpaying by check, please mail your registration to: FCBA2004 Annual Seminar, 1020 19th Street, NW, Suite 325,Washington, DC 20036. If paying by credit card, you mayalso fax your registration to FCBA at 202-293-4317. Nophone registrations will be accepted.

2004 FCBA ANNUAL SEMINAR REGISTRATION FORM

Page 18: CLE Seminar - The FCC’s Environmental and Historic ... · APRIL 2004 Newsletter of the Federal Communications Bar Association The FCBA CLE Committee will be hosting a seminar onThursday,

FCB A NEWS 18 APR I L 2004

70TH ANNIVERSARY OF THE COMMUNICATIONS ACT

Thursday, June 3, 2004THE WASH INGTON H I LTON , 1919 CONNECT I CUT AVE . , NW, WASH INGTON, D . C . 6 : 00 TO 8 :00 P.M .

P L EASE R ES ERVE THE FOL LOWING :

_____ Gold Sponsorship(s) at $500.00 per sponsorship (includes four tickets to the event, recognition in the newsletter,and acknowledgement at the event)

_____ Silver Sponsorship(s) at $250.00 per sponsorship (includes two tickets to the event, recognition in the newsletter,and acknowledgement at the event)

_____ FCBA Private Sector Member ticket(s) at $50.00 per ticket

_____ FCBA Government/Academic/Law Student Member ticket(s) at $30.00 per ticket

_____ Non-Member ticket(s) at $60.00 per ticket

Name __________________________________________________________________________________________________________

Organization ____________________________________________________________________________________________________

Address ________________________________________________________________________________________________________

Suite/Room/Apt. _________________________________________________________________________________________________

City/State/Zip ___________________________________________________________________________________________________

Phone ________________________________________________ Fax______________________________________________________

PL EASE L I S T NAMES OF A L L AT T ENDEES(all guests’names must be received by mail, fax,or e-mail no later than Friday,May 28):

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

PAYMENT INFORMAT ION

$_______________ Total Enclosed ■■ Visa ■■ MasterCard ■■ American Express

Credit card no.___________________________________________________________ Exp.date _______________________________

Signature _______________________________________________________________________________________________________

NO TICKETS WILL BE MAILED.RESERVATIONS WILL BE CONFIRMEDAT THE REGISTRATION DESK AT THERECEPTION.

CANCELLATION POLICY: DUE TO THENATURE OF THIS EVENT, NOREFUNDS WILL BE GIVEN FORCANCELLATIONS.

PLEASE SEND THIS FORM AND A CHECK MADE PAYABLETO THE “FCBA” OR FAX TO (202) 293-4317 NO LATERTHAN FRIDAY, MAY 28 TO:

Federal Communications Bar Association1020 19th Street,N.W.,Suite 325Washington,D.C.20036Phone: (202) 293-4000Fax: (202) 293-4317E-mail: [email protected]

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FCB A NEWS 19 APR I L 2004

ROBERT E. LEE MEMORIALFCBA FOUNDATION CHARITY

GOLF TOURNAMENT REGISTRATION

Name__________________________________________________________________________________________________________

Organization____________________________________________________________________________________________________

Address ____________________________________________________ Suite/Room/Apt._____________________________________

City/State/Zip ___________________________________________________________________________________________________

Phone __________________________________ Fax ________________________________ E-mail _____________________________

YES! I WOULD LIKE TO SUPPORT THE GOLF TOURNAMENT, TO BE HELD ON FRIDAY, JUNE 18, 2004, ATBULL RUN GOLF CLUB, AS INDICATED BELOW:

■■ Eagle Club $ 1,600■■ Foursome Friends $ 1,200■■ FCBA Private Sector Member $ 200■■ FCBA Government/Academic/Young Lawyer/Law Student Member $ 125■■ Non-Member $ 250

GOLFERS IN YOUR FOURSOME ( I F KNOWN AT TH I S T IME ) :

Name(s) Organization Handicap or average of last two rounds

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

Eagle Club - $1,600• Golf foursome including admission to all

event activities• Continental breakfast and lunch• Participation with other Eagle Club sponsors

in exclusive “Tournament Within ATournament”competition to win thecoveted Eagle Club trophy

• Sponsorship of one hole on course withhole signage

• Full page ad in event program • Top-level recognition in all event advertising

before and after the tournament

For more information about the tournment,goto www.fcba.org

Note: Players may choose their foursomesregardless of donation level.

Foursome Friends - $1,200 • Golf foursome including admission to all

event activities• Continental breakfast and lunch• Half page ad in event program • Recognition in all event advertising before

and after the tournament

Tournament Sponsor — $250• Recognition in the program,FCBA News,

and signage at the event.

SCHEDULE7:00 a.m. Registration and drving range open7:30 a.m. Complimentary continental

breakfast available9:00 a.m. Shotgun start2:00 p.m. Lunch and awards ceremony

CHAIRMAN LEEThe tournament is named in memory offormer Federal Communications Commission(FCC) Chairman Robert E.Lee,who passedaway in April 1993 after serving on the FCCfor almost thirty years.Chairman Lee served asa Commissioner of the FCC for 28 years andwas instrumental in the early development ofcolor television,among other contributions tofederal communications policy.

PLEASE SEND THIS FORM AND ACHECK MADE PAYABLE TO THE “FCBA FOUNDATION” TO:

Heidi Kurtz1020 19th St.,NWSuite 325Washington,DC 20036Tel: 202 293-4000Fax: 202 [email protected]

PL EASE R E TURN FORM AND PAYMENT BY WEDNESDAY, JUNE 9 , 2004

$_______________ Total Enclosed ■■ Visa ■■ MasterCard ■■ American Express

Credit card no. ____________________________________________________________ Exp.date _____________________________

Signature_______________________________________________________________________________________________________

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FCB A NEWS 20 APR I L 2004

as Deputy Assistant Attorney General inthe Civil Division, supervising theFederal Programs Branch. Afterreceiving his J.D. from The University ofVirginia School of Law in 1987, heclerked for the Hon. Laurence H.Silberman of the U.S. Court of Appealsfor the D.C.Circuit.

John is a member of the District ofColumbia Bar, New York Bar, AmericanBar Association, and The Fellows of theAmerican Bar Foundation. He is afrequent lecturer on communicationslaw issues and is a member of theBoard of Directors of the NationalSymphony Orchestra.

Please join us in welcoming Mr.Rogovin on April 21.

APR I L BREAKFASTCONTINUED FROM PAGE 1

Distinguished Service AwardEach year the FCBA awards its “Distinguished Service Award” to members of theAssociation who have demonstrated outstanding service to the Association, theprofession, or the national or local community, either this year or in past years.Members of the FCBA are invited to submit nominations for the award, including adescription of the nominee’s accomplishments. Please send nominations inwriting to Stan Zenor no later than Friday, May 7, 2004.

FCBA to Assist “FCC BEST!” Initiative inSeeking Ways to Improve CurrentCommission ProceduresThe FCBA is soliciting ideas, views and suggestions from its members for ways toimprove the FCC’s procedures, and will be sharing those recommendations withthe FCC in the context of the “FCC Best!” initiative. An FCBA task force has beenestablished to focus on identifying any areas where existing Commission processesmight be improved. The goal is to serve as a collection point and conduit forgetting member insights as well as serving as a liaison with the agency’s “FCC Best!”initiative in communicating questions and reactions to possible reform initiatives.The FCBA task force will limit the scope of its efforts to procedures rather thanpolicies, and intends to complete its work by May.

Please contact Jim Blitz (202-508-6600 or [email protected]) or MikeSenkowski (202-719-7249 or [email protected]) if you are interested inparticipating on the task force or have suggestions or ideas that you would like thetask force to consider.

FCBA Committee Co-Chairs As stated in the FCBA Bylaws, the President is charged with selecting committeeco-chairs each new fiscal year. FCBA President-Elect, Harry Martin, will beginthe process in the next few months. If you are interested in submitting your namefor consideration as a committee co-chair for F.Y.2004-2005,beginning July 1,2004,please send an email to Harry at [email protected]. You should feel free toexplain your committee choice, relevant experience as a committee member orchair, and alternative choices in the event your first choices are not available.

diploma required,some college beneficial.Previous bookkeeping experience extremelybeneficial and knowledge of Microsoft Officesoftware necessary.Interested candidatesshould submit a cover letter and resume outlin-ing education background and work experi-ence to Stanley D.Zenor,Executive Director,Federal Communications Bar Association,102019th Street,NW,Suite 325,Washington,DC20036. Materials may also be faxed to 202-293-4317 or sent via email to [email protected].

IN T ERNSH IPS

Dynamic Washington,DC,boutique practiceseeks motivated law student for telecommuni-cations/Internet-related internship. An excel-lent opportunity to learn how to counselmajor participants in the emerging electronicmarketplace on legal,policy and businessissues. Applicants must have a commitment tofactual accuracy and superior skills in writing,research,and critical analysis. Submit aresume,cover letter,brief writing sample andreferences to Helena Rogozinski at 202-887-6231 (fax) or [email protected].

FCC’s Wireline Competition Bureau/Telecommunications Access Policy DivisionSeeks Legal Interns for the Summer and Fall of2004

The Telecommunications Access PolicyDivision (TAPD) of the FederalCommunications Commission’s WirelineCompetition Bureau is seeking unpaid legalinterns for the summer and fall of 2004.Interns will research and write orders relatingto TAPD’s E-rate adjudicatory proceedings.The E-rate program provides $2.25 billionannually in telecommunications services,Internet access,and wiring for the nation’spoorest schools and libraries. The internshipwill provide valuable experience,both forfuture telecommunications attorneys as wellas students seeking judicial clerkships. In addi-tion,the Commission will work with studentsto achieve class credits for internships.

Applicants should have excellent writingskills,be capable of managing multiple cases,and implementing policy decisions in writtenorders. Interns will also receive exposure tovarious other rulemaking and adjudicatoryproceedings within the division.

TAPD is responsible for implementing the uni-versal service provisions of theTelecommunications Act of 1996. Applicantswill find more information on TAPD at:http://www.fcc.gov/wcb/tapd/. Interestedlaw students should send a cover letter,resume,writing sample,and unofficial tran-script to Vickie S.Robinson,Esq.,FederalCommunications Commission,[email protected].

JOB BANKCONTINUED FROM PAGE 14

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FEDERAL COMMUNICATIONS BAR ASSOCIATION1020 19th Street,N.W.Suite 325Washington, D.C. 20036

CalendarApril 8 CLE Seminar FCC Environmental and Historic Preservation Action Plan

April 14 Cable Practice Committee Brown Bag Lunch

April 15 Diversity Committee Brown Bag Lunch

April 15 Young Lawyers Committee Happy Hour at Café Asia

April 16 Texas Chapter Brown Bag Lunch

April 18 ABA/NAB/FCBA Seminar,The Bellagio,Las Vegas,NV

April 21 FCBA Breakfast with John Rogovin

April 21 Transactional Practice Committee Brown Bag Lunch

April 25 Radio Day at Martha’s Table

April 25 Volunteer for McKenna’s Wagon

April 27 Midwest Chapter Seminar

April 28 Online Communications Committee Brown Bag Lunch

April 28 Northern California Luncheon with Commissioner Abernathy

April 29 Mass Media Committee Brown Bag Lunch

April 30- May 2 FCBA Annual Seminar,Hyatt Regency Chesapeake Bay

May 2 NCTA and FCBA CLE Seminar,New Orleans,LA

May 6-7 Computer Law Association Conference,Park Hyatt,Washington,D.C.

May 7 Wireless Telecommunications Committee Luncheon

May 7 Young Lawyers Committee Brown Bag Lunch

May 8 Volunteer for the Bread for the City Legal Walk-in Clinic

May 10 Save the Date – Tinker,Tailor,Lawyer and More Seminar and Reception

May 14 Midwest Chapter Luncheon with Commissioner Abernathy

June 3 FCBA Reception to celebrate 70th Anniversary of the Telecom Act of 1934

June 9 Save the Date – CLE Seminar on CFIUS

June 18 8th Annual FCBA Foundation Golf Tournament,Bull Run Golf Club

June 24 Save the Date! Annual Meeting and Luncheon w/ Commissioner Abernathy

September 18-20 FCBA Seminar West,The Claremont,Berkeley,CA