Michael P Donahue

Mr. Donahue counselsclients in a variety of transactional, operational, regulatory and publicpolicy matters. Through his unique combination of in-house and outside counselexperiences serving some of the nation’s top communications service providers,Mr. Donahue has developed a proven record for delivering strategically sound,pragmatic management and proactive strategies for business clients.

In private practicefor nearly fifteen years, Mr. Donahue spent his formative years at one of thenation’s leading communications law firms. More recently, Mr. Donahue served assenior counsel for a nationwide CLEC and Tier I Internet provider with one of thelargest IP transit networks in North America. Today, Mr. Donahue employs hisdeep knowledge and understanding of a broad range of federal and state legaland regulatory issues to serve our firm’s clients.

Mr. Donahue’s clientshave included competitive local exchange carriers (CLECs), domestic andinternational interexchange carriers (IXCs), ISPs, Broadband networks andservice providers, providers of Internet Protocol (IP)-enabled services,including Voice over Internet Protocol (VoIP) and other advanced services,wireless and MVNO service providers, xDSL providers, satellite serviceproviders and other communications and technology companies.

   Mr. Donahue’s practicehas focused on the following areas:

•   TransactionalExperience: Mr. Donahue hasadvised a wide-variety of clients with regard to mergers and acquisitions,transfers of control and other restructurings; asset acquisitions and sales;debt and equity financing and security arrangements; and transactions inbankruptcy. Mr. Donahue has also drafted and negotiated interconnection, trafficexchange and other inter-carrier agreements; pole attachment, building access,rights-of-way and franchise agreements; wholesale and retail commercialagreements, including customer, vendor, service and sales contracts, andnon-disclosure agreements; and multi-state, multi-party settlement agreements.
•  RegulatoryCompliance: Mr. Donahue hasmanaged national licensing activities for numerous clients, including preparingand prosecuting applications for public convenience and necessity and petitionsfor approval of mergers, transfers of control and authority to issue securitiesor enter into credit arrangements before state public utility commissions(PUCs) throughout the United States, and applications for internationalauthority and to transfer control of international and domestic authoritybefore the Federal Communications Commission (FCC). Mr. Donahue has alsoadvised clients regarding the myriad of federal and state regulatory complianceobligations applicable to licensed telecommunications carriers, VoIP providersand other communications providers, including USF and other contributionmechanisms; E911/911 and NG911; CALEA; CPNI, data security and privacy; LNP andnumbering issues; tariffs; telemarketing, slamming and cramming; and otherrequirements, as well as state regulatory and corporate annual reporting andtax obligations.
•    PublicPolicy Advocacy: Mr. Donahue hasassisted senior management in formulating and implementing regulatory andlegislative policy to respond to the continually evolving regulatory frameworkfor competitive telecommunications and Internet services. Mr. Donahue hasregularly engaged in oral and written advocacy on behalf of a variety ofcompanies before the FCC, state PUCs, taxing authorities and other regulatoryagencies and has prepared numerous comments, petitions, and other policyfilings in proceedings before these agencies. Mr. Donahue has also frequentlymet with the Commissioners and Staff of these agencies to advocate a client’sposition or for policy or regulatory change.
•   Litigation: Mr. Donahue has authoredand co-authored briefs, motions, discovery, petitions and other filings incases before federal and state courts. He has also participated in numerousstate commission proceedings, including access charge reform, interconnectionarbitration, inter-carrier compensation and other contractdisputes, Triennial Review, Section 271, and UNE pricing proceedings. Mr.Donahue has also represented clients in FCC and state PUC enforcement actions,show cause proceedings, and formal and informal complaints.

Mr.Donahue is a graduate of the University of Southern California and received hisJuris Doctorate, cum laude, from the Columbus School of Law at Catholic University. Duringlaw school, Mr. Donahue served as Production Editor of the CommLaw Conspectus.

• Counsel competitive telecommunications, IP-enabled/VoIP, and enhanced services providers in all matters before the FCC and state PUCs;
• Conduct numerous reviews and analyses of regulatory status of a range of business models, services and technologies, including IP-enabled and advanced services, and developed strategic plans for licensing and compliance requirements;
• Regularly engage in adjudication, advocacy and mediation before the FCC and state PUCs regarding inter-carrier and commercial disputes, regulatory compliance and other matters;
• Participate in Rulemaking, Declaratory Ruling and other policy proceedings and other oral and written advocacy before the FCC;
• Obtain FCC and state PUC authorizations for local, long distance and international services;
• Advise clients regarding mergers/transfers of control and other restructuring and financing transactions and obtain the necessary federal and state regulatory approvals for such transactions;
• Preparing, filing and maintaining telecommunications tariffs;
• Prepared comprehensive Carrier’s Carrier manual for USF compliance for wholesale providers, including step-by-step guide, sample exemption certificates, and related documents.
• Obtained dismissal of complaint and request for direct interconnection with CLEC client by a competitive carrier in Connecticut.
• Obtained a favorable revision of the Virginia intrastate access rules to enable client to increase its access charges and revenues.
• Advocated successfully for client exemption from retail service quality reporting in the District of Columbia.