Former FCC Comr. James Quello officially joined Wiley, Rein & Fielding law firm as govt. relations consultant, firm said. Quello had been sharing office space with firm since leaving FCC, while he wrote memoir and worked on other projects. Quello was FCC commissioner for 23 years.
Nancy Victory’s nomination as NTIA dir. cleared Senate Commerce Committee Thurs., after confirmation hearing Wed. (CD Aug 2 p5). Victory, former partner at Wiley, Rein & Fielding law firm, received friendly reception at sparsely attended committee meeting. Victory told panel that any stock in telecom companies that she had once owned she no longer owned now. She reportedly has had holdings in telecom companies such as AT&T and Motorola.
Nancy Victory, nominee for NTIA dir., received friendly reception before sparsely attended, brief Senate Commerce Committee nomination hearing Wed., despite recent discussions with govt. ethics officials about potential conflicts of interest. Only 3 Senators were in attendance: Dorgan (D-N.D.), Allen (R- Va.) and Burns (R-Mont.). Victory, until recently attorney with Wiley, Rein & Fielding, told panel that in recent weeks she has met with Office of Govt. Ethics and White House ethics experts to discuss concerns about potential conflicts of interest. Any stock in telecom companies that she had once owned she no longer owns, Victory said in response to questions, particularly from Dorgan. “To the extent that there may be other stocks to sell,” Victory said she will do so. Among stocks that Victory and her husband Michael Senkowski, also Wiley, Rein & Fielding attorney, have reportedly owned included shares in Verizon, Motorola and AT&T. Firms are among those with interest in outcome of 3rd generation wireless proceeding. Wall St. Journal reported Wed. that Senkowski has told govt. ethics officials that he wouldn’t represent companies that have business before NTIA as long as his wife holds post there. NTIA is overseeing 3G policy decisions regarding spectrum such as 1.7 GHz occupied by Dept. of Defense users. Victory told committee that in discussions with govt. ethics experts, they went through, in detail, her and her husband’s investments and personal relationships with industry companies. Victory said that White House ethics experts identified only one matter that she would have to contend with, ultra wideband (UWB) proceeding. Wiley, Rein & Fielding has represented UWB developer Time Domain at FCC in ongoing proceeding. Victory’s own past ties to wireless industry include work that she has done as outside counsel for PCIA. NTIA and FCC have been working through technical details of upcoming rulemaking on UWB, which, aside from 3G, is among biggest issues that NTIA faces. Despite many questions about ethics and her stance on issues such as 3G, all 3 Senators expressed intention to support her nomination. Dorgan asked her “are your intentions to be an activist over there” on broadcast ownership issues. He noted approvingly that former NTIA Dir. Larry Irving had taken up ownership issue every time it was raised by FCC. “I hope I have the opportunity to be an activist,” Victory said. However, she avoided answering question in any detail and instead laid out some of other top issues she expected to tackle as administrator: (1) Spectrum allocation, in which she expressed hope that she could work with industry to increase efficiency of spectrum use. (2) Broadband deployment. Victory said she believed in competition as required by Telecom Act. But regarding rural areas and various legislative proposals to hasten deployment in those areas, she said that may require “a little extra attention.” But she didn’t specify any particular legislative proposals. Regarding reallocation of military spectrum at 1.7 GHz for 3G, she said there are “tremendous emotions on all sides” and valid concerns, as well. Victory said her role would be to encourage dialog between parties and then assess “our most viable options in the time frames needed.” Burns asked her if she knew or could predict what wireless industry would look like in 5 years. Victory said if she knew, “I wouldn’t be vying in this position, I'd be investing in the stock market.”
Wireless Advertising Assn. (WAA) hired Wiley, Rein & Fielding law firm to lobby on consumer privacy policy for wireless devices and ads, WAA said. John Kamp will be law firm’s WAA representative.
Robert Wise, ex-Discovery Communications, joins Mitchell, Silberberg & Knupp as partner… Erik Flannigan, ex-Walt Disney Internet Group, named vp-music services & programming, RealNetworks… Kristin Baumgartner, ex-Cisco Systems, appointed senior vp-sales and mktg., Commonwealth Telephone Enterprises… Herman Schwarz, ex-Elrick & Lavidge, named pres.-CEO and elected to board, Aegis Communications Group… Changes at ADC: William O'Brien, ex-AT&T, named chief mktg. officer; Barclay Fitzpatrick, ex-Rockwell International, appointed vp-business development… James Plant promoted to pres.-CEO, NewTek… Scott Kurnit, chief Internet officer-chmn.-CEO, Primedia, elected to Interactive Advertising Bureau’s board… Larry Whitfield, ex-Exigent Software Technology, named vp-gen. mgr.-strategy-business development, Govt. Communications Systems Div., Harris Corp… Brian Jackman. retires as pres.-global systems-technology and exec. vp, Tellabs… Christopher Libertelli named legal counsel to FCC Common Carrier Bureau Chief Dorothy Attwood… Patricia Paoletta, ex-Level 3 Communications, named head-International Telecom Group, Wiley, Rein & Fielding… Ellen Craig, ex-CoreComm Communications, appointed senior adviser, Brattle Group.
Newest FCC Comr. Martin is focused on statutory-based authority of Commission and need for “more stable regulatory environment,” he said. In interview with Communications Daily Fri. in his still sparsely-furnished office, with boxes of files not yet arrived from Austin, he said: “That’s kind of an overarching philosophy, that the government has limited but important roles. The Commission specifically is an implementer of congressional policy, first and foremost.” Martin repeatedly emphasized role that competition played in protecting consumer interests and said “the government has a vital role in making sure that playing fields are level and fair.” He also stressed importance of strong enforcement arm in maintaining level playing field.
Decision by 4th U.S. Appeals Court, Richmond, Va., that federal law bans localities from imposing open access mandates on cable operators is likely to halt efforts by cities and counties to enact such requirements, according to both open access proponents and opponents. With its unanimous ruling late Wed. that cable modem lines were “telecommunications facilities” that couldn’t be regulated locally, 4th Circuit panel joined 9th U.S. Appeals Court, San Francisco, and U.S. Dist. Court, Miami, in striking down local open access ordinances as violations of either Constitution or federal law. Although 3 courts differed on grounds for rejection and on regulatory classification of Internet access over cable lines, they all agreed that cities and counties couldn’t impose restrictions on cable modem service. “The local authorities are becoming preempted out of this,” said Andrew McBride, partner at Wiley, Rein & Fielding, who represented Verizon in joint case with Henrico County against AT&T and MediaOne. “They [the courts] keep reaffirming the federal authority over this.”
White House Tues. formally sent nomination of Nancy Victory as NTIA dir. to Senate (CD June 25 p9). Victory is a partner with Wiley, Rein & Fielding and has worked on numerous telecom issues. She is declining comment while her nomination is pending. There was no word on when Senate Commerce Committee would hold hearing on her nomination.
President Bush finally moved to fill top spot at NTIA by announcing his intention to nominate Wiley, Rein & Fielding partner Nancy Victory to be asst. secy. of Commerce for Communications and Information and NTIA dir. Position has been vacant for months, with Clinton appointee Greg Rohde taking over Dutko Group’s new e-Copernicus.com consulting arm in Feb. Victory joined Wiley, Rein in 1989, and has been involved in wide array of telecom activities, from representing PCIA to authoring last year antenna and tower site compliance handbook. She received her law degree from Georgetown U. Law Center. Victory had emerged in recent weeks as leading contender for position (CD May 11 p9). She couldn’t be reached for comment Fri.
FCC electronic filing requirements and procedures once again are under attack by attorneys and engineers who are required to use Consolidated Database System (CDBS) for most of their filings on behalf of clients. Making matters worse, according one lawyer, is that “there’s a complete lack of communication” on electronic filings between bureaus. Such communication is “absolutely necessary” for system to work, lawyer said, because, for example, Wireless Bureau handles broadcast auxiliary applications while Mass Media handles all other TV-radio applications. Principal complaint of lawyers was that attachments to electronically filed documents weren’t properly put with applications they referred to until days, sometimes weeks, later. Electronic filing system was criticized year ago (CD July 5 p1/00), and recently was shut down for overhaul (CD June 15 p10).