Broadband and Cable Industry Law 2010

Practising Law Institute
PLI California Center
685 Market Street
San Francisco, California 94105
Mar. 1 - 2, 2010
http://www.pli.edu/product/seminar_detail.asp?id=59227

Day One: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Program Overview

Tara Corvo

9:15 Overview: Changes for Cable in 2010

  • What do we see from the new FCC and new Congress?
  • How do their priorities and approach differ from those of their predecessors?
  • What will be the "hot topics" of 2010 for cable?
  • The National Broadband Plan: where does cable fit?

- Implications for broadband policy?
- Implications for video?
- How will broadband stimulus funding affect your business?

Daniel L. Brenner, W. Kenneth Ferree, Gigi B. Sohn

10:15 TV Everywhere and Other Cross-Platform Proposals and IP Video

  • What are the latest developments in content distribution?
  • What are the communications/copyright law issues raised by the delivery of IP video to PC and ultimately directly to televisions?
  • Implications of programmers' deals with cable operators to allow cable subscribers exclusive access to the nets online?

Parul P. Desai, Michael E. Olsen

11:15 Networking Break

11:30 Access to Cable Plant and Programming

Net neutrality issues:
- What constitutes reasonable network management?
- Should there be additional net neutrality principles?

Program access issues:
- Will the FCC eliminate the terrestrial exception to the program access rules?
- Do competitors have a right to access HD programming if they already have the SD stream?

Marvin Ammori, Lesla J. Lehtonen, Lynn R. Charytan

12:30 Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45 Franchising 2010

  • Is there a continued role for municipalities in cable regulation as everything moves to the Internet?
  • How have the new statewide franchise laws around the country affected cable operators and municipalities?
  • What is the role of franchising authorities in cable operator decisions to move PEG and other analog channels to digital-only?

Kenneth S. Fellman, Michael Morris, Chris Vein

2:45 Networking Break

3:00 Voice Competition: IP Interconnection

  • Should VoIP providers be able to obtain interconnection directly rather than through a competitive local exchange carrier?
  • Should competitors be able to demand IP-to-IP interconnection
  • What are implications of incumbent telco migration to VoIP for 1996 Act interconnection regime?
  • Should IP-to-IP interconnection be subject to the rights and obligations applicable to traditional interconnection or left to private negotiations?

Joe Gillan, Brian A. Rankin

4:00 Cable Content Regulation: Indecency, Children's Programming, Product Placement

  • Indecency, product placement, children's television regulation - how has the law developed over the last year?
  • Is there a need for more content regulation? Does the distinction between broadcast and cable remain valid?
  • Will programmers end up more directly regulated by FCC?

Diane Burstein, Robert Corn-Revere, Tim Winter

5:00 Adjourn

Day Two: 9:00 a.m. - 12:30 p.m.

9:00 Antitrust Issues in Communications Policy

  • Do ILECs and broadband providers control "essential facilities"?
  • Should programming be offered on an "a la carte" basis to distributors? to retail consumers?
  • How should DOJ and the FCC approach media industry mergers?

Robert A. Sacks, Harvey I. Saferstein

10:15 Networking Break

10:30 Latest in Privacy Issues

  • What privacy issues are raised by behavioral and targeted advertising (video and internet)?
  • What type of customer consent should be required for participation?
  • How do new technologies raise new privacy concerns?

Christin S. McMeley, David Sohn

11:30 Developments in Cable Technology

  • What does the recent DVR decision mean for the industry?
  • How will persons with disabilities access new technologies and services over the Internet, video, and phone? Will new regulation be required?
  • What's next?

Jud Cary, Paul Glist

12:30 Adjourn