Wednesday, December 11, 6:00 – 8:15 p.m.
Tolling Agreements, Consent Decrees, and Other Mileposts along the FCC Enforcement Highway

The FCBA FCC Enforcement Committee will hold a CLE on Wednesday, December 11 from 6:00 – 8:15 p.m. entitled “Tolling Agreements, Consent Decrees, and Other Mileposts along the FCC Enforcement Highway.”  This program will be held at Arnold & Porter LLP, 555 12^th Street, NW.

Experts from private practice and the FCC will review key enforcement basics, with a focus on issues encountered by practitioners in navigating FCC investigations, including those relating to tolling agreements and consent decrees.

This program has been approved for 2.0 MCLE credit hours by the VA and CA State Bars.

AGENDA

6:00 – 6:05 p.m.         Welcome & Introduction
Dennis Corbett, Member, Lerman Senter PLLC

6:05 – 7:05 p.m.         The FCC’s Investigative Process
A Q&A format will provide an overview of the process that precedes the resolution phase of an FCC investigation.  This session will explore the Enforcement Bureau perspective on various constituent elements of that process, including consumer complaint intake and analysis and other referral sources, Enforcement Bureau letters of inquiry and responses thereto, Notices of Apparent Liability, and reconsideration issues.

Moderator:
Dennis Corbett, Member, Lerman Senter PLLC

Speaker:
Terry Cavanaugh, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC

7:05 – 7:15 p.m.         Break

7:15 – 8:15 p.m.         Avenues to Resolution of an Investigation
This panel will review issues that attend resolution of an FCC investigation, from the stopgap function served by tolling agreements to the more permanent solution offered by consent decrees.  The particular language of these types of agreements will be explored, as will relevant statutes of limitations.  The discussion will also encompass the FCC’s seldom-used formal hearing option as well as the pay, pay and appeal, and trial de novo alternatives found at the end of a forfeiture’s road.

Moderator:
Dennis Corbett, Member, Lerman Senter PLLC

Speakers:
Steven Augustino, Partner, Kelley Drye and Warren LLP
Patrick O’Donnell, Partner, Wiltshire and Grannis LLP
Eve Klindera Reed, Partner, Wiley Rein LLP
Terry Cavanaugh, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC