ComptelPLUS Fall15 Show Daily Day 1

COMPTELPlus

Monday, October 19, 2015

Beka Publishing,

www.bekapublishing.com

What the FCC’s Open Internet Order Means to Competition

COMPTEL PLUS Fall 2015 Business Expo

DAY 1

he FCC’s February 2015

Open Internet Order (OIO)

has impacted the telecom-

munications industry landscape

in profound ways: It is currently

the subject of a concerted judicial

challenge from multiple parties,

with a decision expected next spring.

On Wednesday, a can’t-miss half-day

workshop, sponsored by Davis Wright

Tremaine LLP (DWT), will fill attendees in on the

implications for their business from the outcomes

of that decision, with a special emphasis on key

changes and challenges for competitive providers.

Entitled “The FCC’s Open Internet Order: Key

Issues for Carriers and ISPs,” the workshop will

cover what attendees need to know to under-

stand, comply with and perhaps benefit from the

new Open Internet rules. That includes significant

changes to providers’ privacy and security-related

responsibilities, as well as the possible extension of

universal service fund (USF) obligations to broad-

band providers. And, COMPTEL PLUS attendees can

earn 3.25 CA General Credits by attending.

The workshop will consist of three modules.

From 8:30 - 9:45 a.m., “Open Internet Order 101:

Everything You Wanted to Know But were Afraid

to Ask”will feature Chris Savage and Danielle Frap-

pier from DWT and Joseph Cavender from Level 3

Communications.

The presenters will provide an overview of what

the FCC’s OIO did legally (impose Title II regulation,

with forbearance) and as a regulatory/policy matter

(impose certain specific bright-line rules and some

general conduct standards; impose disclosure obli-

gations and cover Internet interconnection).

The presenters also will explain the implications

of the FCC’s reclassification of broadband Internet

access services for USF contribution obligations

and the possible impact on the FCC’s long-awaited

contribution reform. The OIO means that because

Internet is now a Title II service akin to a public

utility, the Commission could more easily expand

federal USF requirements to include broadband

and Internet access, SMS messaging and non-

connected VoIP services. It also means that ISP

services could be made subject to local, state and

federal taxation, just as phone service is.

Next, from 9:45 - 11 a.m., “Privacy and Security

Under the OIO: New Requirements and Challenges

for Telecom Carriers and Broadband Internet Access

Providers and Implications for Edge Providers,”will

be presented by Jim Smith and Christin McMeley of

DWT, and will feature Dale Schmick, COO at YourTel

America and TerraCom Inc. This discussion will

focus on a largely overlooked, but extremely impor-

tant, regulatory change that the FCC introduced

in enforcement actions last year, and then formal-

ized in the OIO: An expansion of the Commission’s

authority to regulate and police the privacy and

security practices of both carriers and broadband

Internet access service providers.

The OIO also launched a proceeding, now

pending, to develop new privacy requirements for

broadband providers. The session will cover what

competitive providers need to know about the

FCC’s Section 222 jurisdiction and what they must

do to avoid potential exposure to penalties for

privacy, security and data breach violations.

Unsurprisingly for an order of its magnitude, the

OIO has unleashed a torrent of litigation, including

lawsuits (ultimately consolidated before the D.C.

Circuit) from multiple petitioners, with more

than 20 other parties lining up on both sides. The

National Cable & Telecom Association (NCTA), CTIA

– the Wireless Association, Internet access provider

interests and many others are lined up against the

OIO; COMPTEL and others are supporters.

The oral argument in the D.C. circuit is coming

up on December 4. So from 11 - 11:45 a.m.,

“Reading the Tea Leaves: HowWill the D.C. Circuit

Decide the OIO Appeals?”will take a look at where

that litigation sits at the moment, including looking

into the crystal ball as to various prospects for

success, and what providers might expect.

“As with all significant appeals of telecom

matters, the court could reverse and strike down

the entire order, or it could reject just part of it—

our panel will delve into the different opinions that

the judges might reach,” Smith said.

This third module will be presented by Peter

Karanjia of DWT and Markham Erickson from Steptoe

and Johnson LLP. Karanjia is a former deputy general

counsel at the FCC, and an expert in FCC litigation

and appellate matters, while Erickson is handling

the appeals on behalf of several of the parties. They

will discuss how the Commission’s newTitle II frame-

work for broadband may fare in the D.C. Circuit and

whether a blockbuster telecom case before the

Supreme Court is in the cards for 2016.

“The Open Internet Order is an extremely

important decision that affects really every telecom

and information services provider,” said Smith. “A

significant degree of regulation will be provided

to Internet access providers to make sure that the

Internet is open and that there is no paid priority

or discrimination. That’s the FCC’s goal. And that’s

obviously a worthy goal, but no one agrees about

the extent to which this regulation should be

applied. This is probably the hottest issue today in

telecom and information services.”

‘No one agrees about

the extent to which

this regulation should be

applied. This is probably

the hottest issue

today in telecom and

information services.’

— Jim Smith, DavisWrightTremaine LLP

By Tara Seals

Jim Smith,

partner,

Davis Wright

Tremaine LLP

Half-DayWorkshop - The FCC’s Open Internet Order:

Key Issues for Carriers and ISPs

Wednesday, 8:30 – 11:45 a.m.

Location: Nob Hill