John J. Heitmann, JD, CIPP/US

Experience

• Has advised eligible telecommunications carriers on all facets of the federal Lifeline and Affordable Connectivity Programs, including policy, ETC designation, provider applications and election notices, compliance, audits, enforcement, and investigations
• Has advised clients on issues related to the FCC’s Rural Healthcare Program, Connect America Fund and Schools and Libraries/E-Rate program, as well as on Universal Service Fund contributions
• Has advised clients in the Internet of Things (IoT), Over-the-Top (OTT), IP-enabled service, and connected car space on regulatory classification, privacy and spectrum strategy and execution
• Has represented clients in federal and state court appeals of regulatory decisions
• Has defended clients in governmental investigations involving the DOJ, FCC, OIG, and state regulatory agencies.
• Has worked with communications clients on privacy statements and other consumer protection matters, including mobile marketing in compliance with the FCC and FTC privacy rules, the CAN-SPAM Act, and the Telephone Consumer Protection Act (TCPA)
• Has represented international service providers and investors in entry regulation and compliance matters involving the FCC, Team Telecom, the Committee on Foreign Investment in the United States (CFIUS), and state regulatory agencies 
• Has worked with clients on mergers and acquisitions, financings, asset transfers, and the sale and procurement of telecommunications, broadband capacity, interconnection, collocation, and fiber facilities

Representative Matters

• Represented an industry association and numerous service providers in Lifeline, Emergency Broadband Benefit (EBB) and Affordable Connectivity Program (ACP) rulemakings, including stakeholder engagement with other industry members, Universal Service Administrative Company (USAC), Civil Society, and Congress
• Successfully appealed several FCC Lifeline orders, including one that would have throttled the Tribal Lifeline program by banning wireless resellers and by sharply limiting which low-income Tribal residents are eligible
• Represented an industry association in the FCC’s Broadband Privacy rulemaking
• Successfully defended a major Lifeline service provider against adoption of a Notice of Apparent Liability (NAL) by the FCC
• Represented major Lifeline providers in FCC, FCC OIG, DOJ, state commission, and attorney general investigations and enforcement actions
• Defended numerous clients in FCC investigations resulting in outcomes ranging from no action to settlements and consent decrees
• Defended multiple clients in FCC enforcement actions related to privacy and the TCPA
• Defended multiple clients in FCC enforcement actions related to the FCC’s Hearing Aid Compatibility regulations
• Developed comprehensive privacy programs, privacy statements, and other consumer protection related disclosures for consumer-facing wireless and wireline service providers
• Developed Open Internet statements, terms and conditions, and permissible use policies for wireless and broadband service providers
• Advised global services providers on regulatory classification, market entry, and privacy/security issues related to connected car product
• Defended multiple clients in USF contributor audits
• Represented multiple clients in USF beneficiary audits and related appeals before the FCC and the Universal Service Administrative Company
• Obtained compliance plan approvals and ETC designations for numerous Lifeline service providers
• Advised multiple clients on compliance issues related to the FCC’s Schools and Libraries (E-Rate) and Rural Healthcare programs
• Represented several clients in Rural Healthcare program waivers and appeals
• Secured regulatory approvals for multiple transactions involving foreign ownership, National Security Agreements, and the Committee on Foreign Investment in the United States (CFIUS) review
• Defended Team Telecom site visits probing compliance with National Security Agreements
• Advised global industry association on developing productive relationships with U.S. policy makers at Department of Commerce, State, and Homeland Security
• Counseled mobile virtual network operators and IP-enabled service providers on business start-up strategy, regulatory compliance, and product design
• Advised investment groups with respect to FCC spectrum policy
• Advised a coalition of automobile and chip manufacturers with respect to 5.9 GHz spectrum allocated to vehicular safety
• Represented MSOs and CLECs in the negotiation and arbitration of interconnection agreements with dozens of incumbent landline providers, including rural providers
• Represented wireless, wireline, and cable broadband providers in interconnection and other inter-carrier agreement implementation and dispute resolution matters, including representation in FCC and state dispute resolution and enforcement actions recovering more than $100 million
• Represented multiple wireline service providers in litigation and appeals before the U.S. Courts of Appeal, federal district courts, and multiple state PUCs
• Represented multiple clients on a wide range of financing, merger, and asset transfer transactions, including the negotiation of related service arrangements, as well as the filing of applications and securing approvals from the FCC and state regulatory agencies
• Represented numerous wireline, wireless, and VoIP service providers in market entry, registration, and certification matters before state regulatory commissions
• Represented wireless service providers, landline providers, and industry associations in rulemaking and other proceedings before the FCC and state regulatory agencies
• Counseled multiple clients on compliance, business strategy, litigation risk, policy development, training, and product development with respect to telecom-regulatory and privacy/data security contractual requirements
• Negotiated and drafted telecommunications-related contracts for clients, including mutual traffic exchange agreements with wireless providers, commercial agreements, pole attachment agreements, indefeasible rights of use, and backhaul/facility/capacity agreements