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Debra McGuire Mercer
Partner
101 Constitution Avenue, NW
Suite 900
Washington, D.C., 20001
Suite 900
Washington, D.C., 20001
debra.mercer@nelsonmullins.com
Debra focuses on communications and technology regulation. She represents communications companies in adjudicatory, enforcement, investigation, and rulemaking proceedings before the Federal Communications Commission (FCC), state public utility commissions, and courts. Debra regularly counsels companies regarding market entry, federal and state regulatory compliance, FCC and state commission review of mergers and acquisitions, the Universal Service Fund...
Debra focuses on communications and technology regulation. She represents communications companies in adjudicatory, enforcement, investigation, and rulemaking proceedings before the Federal Communications Commission (FCC), state public utility commissions, and courts. Debra regularly counsels companies regarding market entry, federal and state regulatory compliance, FCC and state commission review of mergers and acquisitions, the Universal Service Fund (USF), broadband funding, the Telephone Consumer Protection Act (TCPA), the 21st Century Communications and Video Accessibility Act (CVAA), net neutrality, spectrum licensing and leasing, and equipment authorization and marketing of radiofrequency devices. She has extensive experience representing service providers that participate in the federal Lifeline program and state Lifeline programs. Debra has worked with clients in several industries, including the automotive, healthcare, hospitality, real estate, and transportation industries.
(USF), broadband funding, the Telephone Consumer Protection Act (TCPA), the 21st Century Communications and Video Accessibility Act (CVAA), net neutrality, spectrum licensing and leasing, and equipment authorization and marketing of radiofrequency devices. She has extensive experience representing service providers that participate in the federal Lifeline program and state Lifeline programs. Debra has worked with clients in several industries, including the automotive, healthcare, hospitality, real estate, and transportation industries.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Experience
- Has represented telecommunications companies regarding the federal Lifeline and Affordable Connectivity Programs, including: obtaining eligible telecommunications (ETC) designations from the FCC and state public utility commissions; advising on regulatory compliance; assessing customer-facing websites and marketing materials; responding to federal and state audits, inquiries, investigations, and enforcement actions; negotiating settlements; developing compliance plans; and participating in rulemaking proceedings.
- Has advised numerous wireless resellers regarding market entry. Representation has included obtaining FCC registrations and state commission wireless carrier registrations, handling compliance reporting, and providing guidance on federal and state regulatory compliance.
- Has represented foreign-owned international telecommunications carriers on FCC ownership reporting and obtaining international Section 214 authorizations, including responding to inquiries from the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector.
- Has represented companies regarding investigations initiated by the FCC’s Enforcement Bureau and Office of Inspector General, and the Department of Justice.
- Has advised companies regarding federal and state approvals required for mergers and acquisitions, asset sales, internal corporate restructurings, and financings impacting FCC and state licensees; has worked with companies to obtain regulatory approvals.
- Has assisted contributors to the USF regarding revenue reporting, exemptions, and audit responses.
- Has analyzed customer communications and robocall campaigns regarding compliance with the TCPA and recommended revisions.
- Has counseled private wireless licensees regarding recordkeeping, regulatory compliance, waivers of FCC rules, and transactions requiring FCC approval.
- Has provided guidance to manufacturers and marketers of radiofrequency devices regarding obtaining FCC experimental licenses and certifications, implementing required labelling and disclosures, and correcting noncompliant devices.
Representative Matters
- Represented two of the largest U.S. wireless telecommunications resellers before the FCC and state public utility commissions in proceedings seeking designation as ETCs to provide Lifeline service; obtained designations in over 40 states.
- Represented major corporation before the FCC regarding its emergence from bankruptcy and in various transactions concerning its wireless licenses; secured authority from the FCC to transfer control of licenses in major transaction; developed compliance plan for managing wireless licenses.
- Advised state government agency regarding compliance with FCC wireless license regulations; drafted a request for waiver of construction requirements and showings of substantial service to secure licenses renewals; negotiated a lease of radiofrequency spectrum with another state agency.
- Represented international telecommunications carrier before Universal Service Administrative Company (USAC) challenging audit findings regarding USF contributions; USAC reversed its audit findings.
- Represented telecommunications reseller in federal court litigation involving breach of contract and tortious interference with business claims. Drafted briefs arguing that arbitration clause in service agreement was not applicable; district court decision was affirmed by appellate court on interlocutory review.
- Represented a major cable company in a contested proceeding before FCC administrative law judge concerning a competitor’s qualifications to hold microwave licenses for the transmission of video programming in the New York City market. The FCC affirmed the Administrative Law Judge’s decision.
- Drafted U.S. Supreme Court petition for a writ of certiorari to the Eighth Circuit for a trade association representing companies operating local telecommunications networks in AT&T et al. v. Iowa Utilities Board. The petition focused on the FCC’s authority to regulate the pricing of access to local telecommunications networks under provisions of the Telecommunications Act of 1996.
Education
- Georgetown University Law Center, JD (1992)
- Georgetown University, BSBA, Finance and International Management, magna cum laude (1989)
Admissions
- District of Columbia
- Maryland
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Federal Claims
Practice Areas
Industries
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Experience
- Has represented telecommunications companies regarding the federal Lifeline and Affordable Connectivity Programs, including: obtaining eligible telecommunications (ETC) designations from the FCC and state public utility commissions; advising on regulatory compliance; assessing customer-facing websites and marketing materials; responding to federal and state audits, inquiries, investigations, and enforcement actions; negotiating settlements; developing compliance plans; and participating in rulemaking proceedings.
- Has advised numerous wireless resellers regarding market entry. Representation has included obtaining FCC registrations and state commission wireless carrier registrations, handling compliance reporting, and providing guidance on federal and state regulatory compliance.
- Has represented foreign-owned international telecommunications carriers on FCC ownership reporting and obtaining international Section 214 authorizations, including responding to inquiries from the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector.
- Has represented companies regarding investigations initiated by the FCC’s Enforcement Bureau and Office of Inspector General, and the Department of Justice.
- Has advised companies regarding federal and state approvals required for mergers and acquisitions, asset sales, internal corporate restructurings, and financings impacting FCC and state licensees; has worked with companies to obtain regulatory approvals.
- Has assisted contributors to the USF regarding revenue reporting, exemptions, and audit responses.
- Has analyzed customer communications and robocall campaigns regarding compliance with the TCPA and recommended revisions.
- Has counseled private wireless licensees regarding recordkeeping, regulatory compliance, waivers of FCC rules, and transactions requiring FCC approval.
- Has provided guidance to manufacturers and marketers of radiofrequency devices regarding obtaining FCC experimental licenses and certifications, implementing required labelling and disclosures, and correcting noncompliant devices.
Representative Matters
- Represented two of the largest U.S. wireless telecommunications resellers before the FCC and state public utility commissions in proceedings seeking designation as ETCs to provide Lifeline service; obtained designations in over 40 states.
- Represented major corporation before the FCC regarding its emergence from bankruptcy and in various transactions concerning its wireless licenses; secured authority from the FCC to transfer control of licenses in major transaction; developed compliance plan for managing wireless licenses.
- Advised state government agency regarding compliance with FCC wireless license regulations; drafted a request for waiver of construction requirements and showings of substantial service to secure licenses renewals; negotiated a lease of radiofrequency spectrum with another state agency.
- Represented international telecommunications carrier before Universal Service Administrative Company (USAC) challenging audit findings regarding USF contributions; USAC reversed its audit findings.
- Represented telecommunications reseller in federal court litigation involving breach of contract and tortious interference with business claims. Drafted briefs arguing that arbitration clause in service agreement was not applicable; district court decision was affirmed by appellate court on interlocutory review.
- Represented a major cable company in a contested proceeding before FCC administrative law judge concerning a competitor’s qualifications to hold microwave licenses for the transmission of video programming in the New York City market. The FCC affirmed the Administrative Law Judge’s decision.
- Drafted U.S. Supreme Court petition for a writ of certiorari to the Eighth Circuit for a trade association representing companies operating local telecommunications networks in AT&T et al. v. Iowa Utilities Board. The petition focused on the FCC’s authority to regulate the pricing of access to local telecommunications networks under provisions of the Telecommunications Act of 1996.
Media
Recognitions
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- Legal 500 United States, Telecoms and Broadcast–Regulatory (2023)
Professional Activities
- Federal Communications Bar Association
- District of Columbia Bar Association
Debra focuses on communications and technology regulation. She represents communications companies in adjudicatory, enforcement, investigation, and rulemaking proceedings before the Federal Communications Commission (FCC), state public utility commissions, and courts. Debra regularly counsels companies regarding market entry, federal and state regulatory compliance, FCC and state commission review of mergers and acquisitions, the Universal Service Fund... (USF), broadband funding, the Telephone Consumer Protection Act (TCPA), the 21st Century Communications and Video Accessibility Act (CVAA), net neutrality, spectrum licensing and leasing, and equipment authorization and marketing of radiofrequency devices. She has extensive experience representing service providers that participate in the federal Lifeline program and state Lifeline programs. Debra has worked with clients in several industries, including the automotive, healthcare, hospitality, real estate, and transportation industries.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Experience
- Has represented telecommunications companies regarding the federal Lifeline and Affordable Connectivity Programs, including: obtaining eligible telecommunications (ETC) designations from the FCC and state public utility commissions; advising on regulatory compliance; assessing customer-facing websites and marketing materials; responding to federal and state audits, inquiries, investigations, and enforcement actions; negotiating settlements; developing compliance plans; and participating in rulemaking proceedings.
- Has advised numerous wireless resellers regarding market entry. Representation has included obtaining FCC registrations and state commission wireless carrier registrations, handling compliance reporting, and providing guidance on federal and state regulatory compliance.
- Has represented foreign-owned international telecommunications carriers on FCC ownership reporting and obtaining international Section 214 authorizations, including responding to inquiries from the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector.
- Has represented companies regarding investigations initiated by the FCC’s Enforcement Bureau and Office of Inspector General, and the Department of Justice.
- Has advised companies regarding federal and state approvals required for mergers and acquisitions, asset sales, internal corporate restructurings, and financings impacting FCC and state licensees; has worked with companies to obtain regulatory approvals.
- Has assisted contributors to the USF regarding revenue reporting, exemptions, and audit responses.
- Has analyzed customer communications and robocall campaigns regarding compliance with the TCPA and recommended revisions.
- Has counseled private wireless licensees regarding recordkeeping, regulatory compliance, waivers of FCC rules, and transactions requiring FCC approval.
- Has provided guidance to manufacturers and marketers of radiofrequency devices regarding obtaining FCC experimental licenses and certifications, implementing required labelling and disclosures, and correcting noncompliant devices.
Representative Matters
- Represented two of the largest U.S. wireless telecommunications resellers before the FCC and state public utility commissions in proceedings seeking designation as ETCs to provide Lifeline service; obtained designations in over 40 states.
- Represented major corporation before the FCC regarding its emergence from bankruptcy and in various transactions concerning its wireless licenses; secured authority from the FCC to transfer control of licenses in major transaction; developed compliance plan for managing wireless licenses.
- Advised state government agency regarding compliance with FCC wireless license regulations; drafted a request for waiver of construction requirements and showings of substantial service to secure licenses renewals; negotiated a lease of radiofrequency spectrum with another state agency.
- Represented international telecommunications carrier before Universal Service Administrative Company (USAC) challenging audit findings regarding USF contributions; USAC reversed its audit findings.
- Represented telecommunications reseller in federal court litigation involving breach of contract and tortious interference with business claims. Drafted briefs arguing that arbitration clause in service agreement was not applicable; district court decision was affirmed by appellate court on interlocutory review.
- Represented a major cable company in a contested proceeding before FCC administrative law judge concerning a competitor’s qualifications to hold microwave licenses for the transmission of video programming in the New York City market. The FCC affirmed the Administrative Law Judge’s decision.
- Drafted U.S. Supreme Court petition for a writ of certiorari to the Eighth Circuit for a trade association representing companies operating local telecommunications networks in AT&T et al. v. Iowa Utilities Board. The petition focused on the FCC’s authority to regulate the pricing of access to local telecommunications networks under provisions of the Telecommunications Act of 1996.
Education
- Georgetown University Law Center, JD (1992)
- Georgetown University, BSBA, Finance and International Management, magna cum laude (1989)
Admissions
- District of Columbia
- Maryland
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Federal Claims
Practice Areas
- Appellate Practice & Legal Strategies
- Government Relations Strategies
- Outsourcing & Managed Services
- Privacy & Data Management
- Telemedicine
Industries
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- Legal 500 United States, Telecoms and Broadcast–Regulatory (2023)
- Federal Communications Bar Association
- District of Columbia Bar Association
