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+1 310 785 4600
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Daniel
L.
Brenner
Partner, Washington, D.C., Los Angeles
daniel.brenner@hoganlovells.com
Daniel Brenner concentrates on matters involving cable operators, programmers, and suppliers with a particular focus on policy and regulatory matters before the Federal Communications Commission (FCC), the U.S. Copyright Office, and Congress.
Prior to joining Hogan & Hartson as a partner, Daniel headed the regulatory and legal affairs of the National Cable & Telecommunications Association (NCTA), the cable industry's principal trade association, for more than 16 years. In this position, he advocated on behalf of the industry before federal agencies, courts, legislative hearings, and public policy fora. He was awarded the NCTA's President's award in 2008 for his distinguished service to the industry.
Previously, Daniel served as Director of the Communications Law Program and member of the faculty at UCLA School of Law. He also served as counsel to a major law firm in Los Angeles. Daniel was Senior Legal Advisor to Chairman Mark Fowler of the Federal Communications Commission from 1981 to 1986. He was also Vice-Chairman of the U.S. Delegation to the ITU World Radio Conference in Geneva, Switzerland. Daniel has served as a consultant on telecommunications issues for the RAND Corporation and the International Media Fund, and as a Senior Fellow at The Annenberg Washington Program.
Daniel served on the board of directors of Cable Positive, the cable industry's AIDS awareness and support organization. Previously, he served on the board of advisors of Falcon Cable Systems, on the board of directors of Tekelec, a publicly-traded telecommunications equipment company, and was a member of the board of trustees for Stanford University from 1982-1987. From 1986 to 1991, Daniel was appointed by the President and confirmed by the Senate to be a member, and served as Vice-Chairman, of the board of directors for the Corporation for Public Broadcasting.
Daniel is co-author of a leading cable treatise on cable television law. His writings on cable policy have been cited by the U.S. Supreme Court and federal courts of appeal.
He currently serves on the adjunct faculty of Georgetown Law School.
REPRESENTATIVE EXPERIENCE
- On behalf of U.S. cable operators, completed multi-year settlements for cable programming network with the American Society of Composers, Authors and Publishers and other performance rights societies for use of music by cable operators.
- Represented cable operator in obtaining significant recommendation in FCC's landmark National Broadband Plan, with citation to operator's submission in Plan.
- Obtained favorable consent decree for European manufacturer in FCC rule violation proceeding.
- Represented large broadband coalition in regulator and competition matters.
- Advised major network on implications of FCC's vertical integration rules and satellite copyright rules.
- Represented leading cable operator and trade association in public policy fora.
- Negotiated two five-year renewals of the federal cable compulsory copyright with copyright interests.*
- Briefed and argued cable regulatory cases in the federal courts and won numerous victories on policy issues at the FCC.*
- Testified at hearings for the cable industry before the Federal Trade Commission on broadband disclosure matters and on retention marketing and franchising before the FCC.*
*Prior to joining our legal practice.
RECENT PRESENTATIONS
14 April 2011
"Net Neutrality: The FCC's 12/21/10 Order, the Comcast/Level 3 Dispute, and the Prospects for Usage-Based Pricing for Internet Access." The Sixteenth Annual Conference on Telecommunications Law, Seattle, WA
10 October 2010
"Online Video IP Issues: What is it? What's Protected? Where is it Headed?" 39th Research Conference on Communication, Information and Internet Policy, Arlington, VA
17 August 2010
"Copyright, Regulatory Aspects of Online Video." CableLabs Summer Research Conference, Keystone, CO
10 June 2010
Moderator, Universal Service Fund Future, Broadband Summer VI, Washington, D.C.
04 March 2010
Media Convergence, "The Future of Media." Federal Communications Commission Workshop, Washington, D.C.
01 March 2010
FCC Broadband Agenda, "TV Everywhere." Practicing Law Institute Broadband and Cable Industry Law, San Francisco
16 February 2010
Network Neutrality: Seminar on "Regulatory Change Under the Obama Administration." ABA Administrative Law Section, American University School of Law, Washington D.C.
26 January 2010
"Network Neutrality." Stanford Law School, Stanford, Calif.
18 June 2009
"The Great Debate: Open Access & the Wireless Domain." Broadband Policy Summit V: Building Out America, Pike & Fischer
16 June 2009
"Internet Service Provider Immunity Under the Communications Act." National Association of Attorneys General, Colorado Springs
Hogan Lovells Publications
11 April 2011
"FCC adopts comprehensive cable pole attachment reform: new telecom rate, attachment procedures top four-year rulemaking." FCC Alert, Hogan Lovells
07 April 2011
"FCC adopts comprehensive pole attachment reform to spur broadband deployment." FCC Alert, Hogan Lovells
March 2011
"Global Media and Communications Quarterly, Issue 2: Focus on Net Neutrality." GMC Quarterly, Hogan Lovells
October 2010
"Global Media and Communications Quarterly, Issue 1: Focus on Graduated Response." GMC Quarterly, Hogan Lovells
Published Works
06 September 2010
"Apps Decision: No Big Deal." National Law Journal, ALM
PUBLISHED WORKS PRIOR TO JOINING THE FIRM
"Cable Television and other Nonbroadcast Video: Law and Policy" (1986-2011)
"Research in Government Agency Decisions: Observations about the FCC," Journal of Communication, 2 Int’l 429 (2008)
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