Enforcement

Wilkinson Barker Knauer has an extensive practice concerning enforcement of the Communications Act and FCC rules and orders.  Our enforcement practice is headed by David H. Solomon, who organized the FCC’s Enforcement Bureau and served as its first Chief, and it covers all substantive areas of FCC regulation.  The firm regularly represents clients in FCC investigations, audits, and monetary forfeiture proceedings.  With our help, our clients have succeeded in convincing the FCC not to pursue enforcement action, persuaded the FCC to cancel or reduce enforcement action, and negotiated numerous consent decrees.  The firm has represented clients in Enforcement Bureau investigations and forfeiture proceedings involving issues such as network outage reporting, universal service, payphone compensation, number portability, Customer Network Proprietary Information, truth-in-billing, cramming, unauthorized faxes, wireless E911, tower siting, wireless hearing aid compatibility, unauthorized operation and unauthorized transfer of control, auction collusion, digital television disclosures, indecency, sponsorship identification, closed captioning, and communications equipment marketing. 

Our firm also regularly represents clients in formal complaint proceedings and hearings before the FCC.  For example, we have represented Qwest (now CenturyLink) in successfully litigating two precedent-setting Section 208 formal common carrier complaints against so-called “traffic pumpers.”  We also have represented Comcast in program carriage hearings before an administrative law judge, and, in this regard, successfully defended Comcast in the first program carriage hearing decision by an ALJ and in connection with the Commission’s adoption of the ALJ’s decision. 

We also work closely with communications and technology industry clients in providing effective and timely guidance to ensure compliance with statutory and regulatory requirements.  This includes review of clients’ business operations and practices, preparation of training materials, development of compliance plans and internal client procedures, and the provision of updates to clients regarding FCC enforcement activities and priorities.