About
Mr. Donahue counsels communications, information technology, software, and other technology companies in nearly all aspects of their business, including transactional, operational, regulatory, and public policy matters. Through his unique combination of in-house and outside counsel experiences 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 practice for more than twenty years, Mr. Donahue spent his formative years at one of the nation’s leading communications law firms. He then served several years as senior counsel for a nationwide CLEC and Tier I Internet provider with one of the largest IP transit networks in North America. Today, Mr. Donahue employs his deep knowledge of a broad range of federal and state legal and regulatory issues and his understanding of the unique financial and risk profile of each company to serve our firm’s clients.
Mr. Donahue’s clients have included technology, software, and communications companies, including competitive local exchange carriers (CLECs), domestic and international interexchange carriers (IXCs), ISPs, Broadband networks and service providers, Internet Protocol (IP)-enabled service providers, including Voice over Internet Protocol (VoIP) and other advanced services, wireless and MVNO service providers, satellite service providers, cloud communications and cloud-computing providers, and equipment manufacturers.
Representative Experience
- Cloud Communications solutions
- Federal Communications Commission (FCC) and state public utility commission (PUC) advocacy, including rulemakings, declaratory petitions, adjudications, enforcement matters and formal and informal complaints
- Market entry, including licensing, tariffs and network access agreements, and market exit
- Mergers/transfer of control, asset sales, financing and security arrangements
- Drafting and negotiating commercial agreements
- Communications taxation and regulatory fee matters, including Universal Service Fund (USF) issues
- FCC and state regulatory and tax audits
- Regulatory compliance and reporting
- Numbering issues
Additional Experience
Transactional Experience: Mr. Donahue has advised 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 in bankruptcy. Mr. Donahue has also drafted and negotiated interconnection, traffic exchange and other inter-carrier agreements; pole attachment, building access, rights-of-way and franchise agreements; wholesale and retail commercial agreements, including customer, vendor, service and sales contracts, and non-disclosure agreements; and multi-state, multi-party settlement agreements.
Regulatory Compliance: Mr. Donahue has managed national licensing activities for numerous clients, including preparing and prosecuting applications for CLEC, IXC, and ETC authorizations and petitions for approval of mergers, transfers of control and authority to issue securities or enter into credit arrangements before state PUCs throughout the United States and its territories, and applications for international authority and to transfer control of international and domestic authority before the FCC. Mr. Donahue has also advised clients regarding the myriad of federal and state regulatory compliance obligations applicable to licensed telecommunications carriers, VoIP providers, ETCs, VRS providers and other communications providers, including USF and other contribution mechanisms; E911/911 and NG911; CALEA; CPNI, data security and privacy; LNP and numbering issues; tariffs; telemarketing, slamming and cramming; CVAA and other requirements, as well as state regulatory and corporate annual reporting and tax obligations.
Public Policy Advocacy: Mr. Donahue has assisted senior management in formulating and implementing regulatory and legislative policy to respond to the continually evolving regulatory framework for competitive telecommunications and Internet services. Mr. Donahue has regularly engaged in oral and written advocacy on behalf of a variety of companies before the FCC, state PUCs, taxing authorities and other regulatory agencies and has prepared numerous comments, petitions, and other policy filings in proceedings before these agencies. Mr. Donahue has also frequently met with the Commissioners and Staff of these agencies to advocate a client’s position or for policy or regulatory change.
Litigation: Mr. Donahue has also participated in cases in the federal and state courts and in numerous state commission proceedings, including ICC reform, interconnection arbitration, inter-carrier compensation and other contract disputes, 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.
Publications
- Co-Authored, “United States – International Telecommunications Law – 2nd Edition”
- Interview, Does the FBI Need to Wiretap Websites to Do a Good Job?, WebPronews, May, 18, 2012
- Quoted, The FBI is Hoping to Wiretap Internet Services – Should it be Allowed?, WebProNews, May 18, 2012
- Co-Authored, “Analyzing SIPs Role in Regulatory and Tax Structures,” Internet Telephony (Nov. 1, 2011) “
- Quoted, Net Neutrality & Wireless: Bullet Dodged?, Wireless Weekly, July 2011 Click to View
- Authored, “The Outer Limits of IVDS: We Now Return Control of Your Television Set to You,” CommLaw Conspectus, Journal of Communications Law and Policy, Volume 3, Issue 2 (1995)
Education
Admissions
Mr. Donahue is admitted to practice in the State of Maryland and the District of Columbia and is a member of bar of the United States Court of Appeals for the Ninth Circuit.
Member of FCBA
Practices
- Cyber Security and CALEA
- Telecommunications, VoIP, and Advanced Communications Services
- Satellite: Land Mobile, Marine and Aero
- Internet of Things & Connected Devices
- Internet Law & E-Commerce
- International Telecommunications
- Information Privacy, Data Security and Consumer Protection
- Dispute Resolution and Litigation
- Corporate, Contracts and Commercial Transactions
- Communications Taxes and Fees
- Communications Infrastructure and Access
- Cloud Computing and Communications (SaaS / CaaS / IaaS)
- Broadband Networks and Internet Applications
- USAC Compliance, Audit Preparation and Defense
- Wireless Communications and MVNOs
Speaking Engagements
- “Taxation & Regulatory Treatment of Web Conferencing Services: What a Tangled Web we Weave,” Speaker, Telestrategies 2015 Click here to download the presentation.
- “USAC, Universal Service Fund and FCC Enforcement: Why Implementing an Effective Compliance Risk Management Program is Essential in the ‘Post Network Neutrality’ World”, Panelist, Telestrategies Webinar (April 2015)
- “Moderator, CALEA Compliance for VoIP and Cloud Communications Providers, Law Seminars International (July 2013)
- “The Growing Importance of Terms Addressing Cybersecurity and Law Enforcement Data Gathering,” Speaker, Strategies for Navigating Risks in Data and Technology Transactions, Best Approaches For Identifying And Allocating Risks In Technology Contracts, Law Seminars International (March 2014)
- “CALEA Compliance for VoIP and Cloud Communications Providers”, Moderator, Law Seminars International (July 2013)
- “Regulatory and Tax Issues Impacting Non-Interconnected VoIP and other “One-Way” VoIP Services”, Speaker Telestrategies 2013 Click here to download the presentation
- Quoted, “Net Neutrality & Wireless: Bullet Dodged?”, Wireless Weekly, July 2011
- “Implementing the New National Broadband Plan – What You Need to Know,” Speaker Thompson Interactive, June 2010. Click here to download presentation.
- “Hot Topics in Numbering,” Speaker Federal Communications Bar Association, CLE Seminar, March 2009
