January 28, 2013

Jenner & Block Partner Samuel L.  Feder spoke at a Practising Law Institute seminar in New York on January 28, 2013.  Panelists at the PLI’s Broadband and Cable Industry 2013 seminar discussed the Federal Communication Commission’s chances of successfully defending its 2010 Open Internet Order, now on appeal before the U.S. Court of Appeals for the District of  Columbia Circuit.  The Order is a set of regulations aimed at protecting so-called "net neutrality."  Mr. Feder’s comments during the panel discussion were quoted in a Telecommunications Reports Daily article titled “FCC’s Chances in Open Internet Handicapped,” which covered the event.  Mr. Feder, a former FCC General Counsel, said, “As long as there’s evidence on the FCC side, they get deference.”  He noted that “it’s quite possible the FCC could win on this ground.” of direct authority under Section 706 of the Communications Act, which directs the agency to encourage the deployment of advanced communications capability.  However, he added, whether the FCC will win or lose depends in large part on "who’s on your panel on the D.C. Circuit.”

Mr. Feder is Chair of Jenner & Block’s Communications Practice and represents cable, telecom, media and technology companies in a variety of matters including litigation, proceedings before regulatory agencies and transactions.  Prior to joining the Firm, Mr. Feder served as General Counsel to the Federal Communications Commission, in which role he advised the Chairman and the other Commissioners on all significant issues facing the agency, represented the FCC in litigation before the federal courts of appeals and coordinated agency review of all transactions requiring FCC approval.