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Office of the General Counsel Report to the Commission

Office of the General Counsel Report to the Commission. Support for the FCC Strategic Plan. OGC’s Role. Identify legal risks Defend Commission decisions in court Coordinate with other federal agencies In-house counsel functions. Advice Function.

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Office of the General Counsel Report to the Commission

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  1. Office of the General Counsel Report to the Commission Support for the FCC Strategic Plan

  2. OGC’s Role • Identify legal risks • Defend Commission decisions in court • Coordinate with other federal agencies • In-house counsel functions

  3. Advice Function • Review each Commission item – 298 items in 2004 • Provide legal advice to Commissioners, Bureaus and Offices • Support strategic goals relating to Broadband, Competition, Spectrum, Media and Homeland Security

  4. Supports Strategic Goals: Competition, Spectrum, Homeland Security • 800 MHz Proceeding • Legal advice during drafting phase • Coordinate with GAO: GAO concluded that Commission action did not violate appropriations laws • Ongoing responsibility for defending appeals

  5. Litigation Function

  6. Supports Strategic Goals: Broadband, Competition Federal broadband policy: avoid unnecessary regulation 9th Circuit Brand X decision represents a roadblock FCC worked closely with DOJ on cert petition Supreme Court has agreed to review

  7. Transaction Review & Bankruptcy • Transaction Review • Significant merger transactions – AT&T-Cingular Merger • Rules and policies on transfers and assignments • Bankruptcy Law • Ensure productive spectrum use • Protect government’s secured creditor status • Protect the public interest

  8. Supports Strategic Goals: Spectrum, Broadband, Competition • Bankruptcy Proceedings: Benefit to Government of Over $4.25 Billion • Recovered over $1.2 billion in cash • Secured the return of valuable spectrum that will be reauctioned for advanced services • Facilitated the productive commercial use of spectrum tied up in protracted litigation

  9. Modernize the FCC • Presented tutorials and designed training materials on law and ethics for FCC staff • Provided career development training for 82% of OGC staff • Homeland security: provided legal support for agency’s emergency readiness plans

  10. Ongoing Support for Strategic Plan in 2005 • Expand training and development for FCC attorneys • Support FCC’s Strategic Goals through advocacy and litigation functions • Avoid prospect of judicial reversal by enhancing the legal rationale supporting agency decisions • Vigorously defend FCC actions in court • Anticipate judicial trends

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