Our clients benefit from a distinct combination of skills that set Wiley Rein apart from other firms: We possess not only exceptional legal, technical and investigative capabilities, but also an unrivaled understanding of the FCC's unique processes and procedures, as well as a complete grasp of the context behind FCC rules and policies.

From an initial FCC letter of inquiry or complaint to final resolution, Wiley Rein's 80-plus communications attorneys compose a uniquely deep bench to handle FCC enforcement matters. We have the substantive knowledge and investigative abilities needed to guide our clients as they successfully and efficiently navigate the full gamut of possible enforcement actions- whether it be CPNI compliance, tower siting, equipment approvals, broadcast indecency or anything in between.

Relationship with FCC

While Richard Wiley is widely regarded as “one of the biggest FCC heavyweights” (The AmLaw Daily, July 24, 2008), Wiley Rein’s ties to the FCC extend to include several attorneys who have held high-ranking positions at the Commission.  These include former FCC commissioners, the former chief of staff to the chairman and numerous former senior FCC managers and attorneys.

These extensive relationships between the firm and the Commission, along with Wiley Rein’s deserved reputation for integrity and candor, afford our attorneys a level of credibility before the FCC’s Enforcement Bureau that we bring to bear on our clients’ behalf as we work diligently to marshal all the facts and present them persuasively to the Commission.

Investigative Capability

Wiley Rein’s FCC Enforcement and Compliance Group is a multidisciplinary practice in the truest sense of the term.  Enhancing the unparalleled subject-matter mastery of our communications attorneys is a group of experienced litigation specialists and former government investigators and prosecutors who continually keep abreast of FCC enforcement actions.  The lines are often blurred between FCC enforcement defense and white collar defense, so, should the need arise, our clients benefit directly from the close collaboration and overlap between these two legal practices.

Integral to a successful FCC enforcement defense is the ability to investigate thoroughly, diplomatically, knowledgeably and efficiently.  Wiley Rein’s FCC Enforcement and Compliance team includes four former assistant U.S. attorneys who fully understand the way government prosecutors and investigators think.  Credibility with the FCC is a priceless commodity, and we have, over many years, earned and cultivated the expectation of honest and forthright responses.

Our experience in this area is extensive.  We have conducted numerous internal investigations for corporations and boards of directors; many of these investigations are precursors to voluntary disclosures or responses to federal agencies, including the FCC, Department of Defense (DOD), Department of Homeland Security (DHS), Department of Health and Human Services (HHS), Securities and Exchange Commission (SEC), Federal Election Commission (FEC) and Department of Justice (DOJ).

Often, investigations are conducted under severe time constraints and necessitate simultaneous fact gathering and complex legal analysis involving risk assessment and privilege determinations.  Wiley Rein is eminently equipped to handle such multifaceted endeavors.  For example, during one three-week investigation, we conducted approximately 40 interviews of key personnel in different regional facilities, collected almost 725,000 documents and reviewed over 100,000 documents that were responsive to the established electronic search criteria.

In another matter, we interviewed approximately 25 employees over the course of roughly one week to determine whether a company complied with FCC rules and the extent to which its employees and executives were aware of any noncompliance.  This matter also entailed working with in-house counsel to collect relevant documents, performing targeted searches for related documents and providing a report to the board of directors that informed its decision on responding to the FCC’s inquiry.

Government Requests and Congressional Investigations

Wiley Rein has a wealth of experience responding to government subpoenas, requests for information and investigations.  From this experience, we have:

• Developed models for preserving and collecting electronically stored information;
• Coordinated large- and small-scale document collections from employees;
• Reviewed documents for liability, responsiveness and privilege;
• Produced documents to the government;
• Interviewed employees with knowledge of the relevant events;
• Worked with government officials to avoid any allegations of wrongdoing; and
• Preserved the confidentiality of sensitive information submitted in government investigations by successfully defending against Freedom of Information Act (FOIA) requests.

Our success is due in no small part to our ability to tailor our investigations to the scope of the potential issues and exposure from either government action or private litigation.  Our investigations range from discreet (but thorough) inquiries to investigations or government responses that involve the accurate and efficient processing of a multitude of internal and external documents.

Our breadth of experience involving investigations related to a wide range of commercial companies and government agencies—not just the FCC—equips Wiley Rein well for assessing risk and evaluating whether corrective action or disclosure is necessary.

If an FCC inquiry leads to a congressional inquiry, or could lead to such an inquiry or investigation, Wiley Rein has the experience and knowledge to counsel and represent clients confidently in congressional hearings and investigations.

The FCC Enforcement and Compliance Group draws on the expertise of former senior congressional committee staff, from both the House and the Senate, with hands-on knowledge of the issues that arise in responding to congressional requests and subpoenas for records and testimony and in appearing before congressional committees.

Wiley Rein’s attorneys have worked closely with and for leaders, members and staff of both houses of Congress and have the know-how gained through leadership of numerous congressional inquiries.

Compliance Programs

Our FCC Enforcement and Compliance team also helps clients in a preventive capacity, leveraging our know-how and experience to develop regulatory compliance programs and to offer internal training to clients’ employees regarding FCC requirements and cutting-edge techniques to avoid any actions by the Enforcement Bureau.

Once compliance plans have been developed and executed, we continually help clients monitor them to assess their effectiveness in a constantly changing regulatory environment.  To do so, we work with corporate counsel, management and technical personnel to provide ongoing counseling that enables clients to meet compliance obligations in a cost-effective manner.

If an FCC inquiry does emerge as a distinct possibility, we prepare strategic plans to address potentially looming government inquiries, including steps for assessing the current risk of liability, researching and developing a legal defense, preserving and collecting documents, developing a message for responding, and conducting due diligence on potentially hostile former employees.

Technical Expertise

Supplementing our attorneys' subject-matter knowledge is the technical expertise of two former high-level FCC engineers - a former chief of the Wireless Telecommunications Bureau's Commercial Wireless Division and a former engineering advisor to the chief of the Private Radio Bureau at the FCC.

Wiley Rein’s engineers frame highly technical arguments before the Commission and, when performing internal investigations, work with employees to unearth the most pertinent technical information.  For example, in a recent FCC device-compliance investigation, they were able to help the client’s in-house experts develop updated guidelines in a concerted effort to secure the most favorable FCC outcome.

Our engineers not only provide ready technical expertise to our attorneys; they also represent a significant resource efficiency for the firm’s clients.

Representative Experience

Wiley Rein’s FCC Enforcement and Compliance team has grown significantly over the past several years in response to expanded Commission enforcement efforts.  Among our recent advocacies, we have:

• Defended several large telecommunications companies against claims concerning CPNI violations;
• Successfully defended a telecommunication client against a formal complaint and cease and desist order involving carrier-to-carrier rights and responsibilities;
• Negotiated consent decrees involving allegations of payola;
• Negotiated a substantial reduction in fines for an equipment supplier that deployed tens of thousands of noncompliant products;
• Negotiated the FCC’s first use of a consent decree to settle a high-profile lighting and marking case (involving loss of life) without any finding of liability on the part of the licensee and tower owner;
• Negotiated with the FCC to cut in half the largest proposed fine for a tower lighting and marking violation;
• Represented one of the nation’s leading satellite radio providers in ensuring device compliance; and
• On several occasions, responded to Letters of Inquiry and dissuaded the Commission from pursuing further action.

Contact Us

Robert L. Pettit
202.719.7019 | rpettit@wileyrein.com

Thomas J. Navin
202.719.7487 | tnavin@wileyrein.com