Michael P. Donahue

Michael P. Donahue

Partner

703-714-1319 (telephone)
703-714-1330 (fax)

mpd@commlawgroup.com
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Mr. Donahue counsels clients in a variety of 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 nearly two decades, Mr. Donahue spent his formative years at one of the nation’s leading communications law firms. More recently, Mr. Donahue served 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 and understanding of a broad range of federal and state legal and regulatory issues to serve our firm’s clients.

Mr. Donahue’s clients have included competitive local exchange carriers (CLECs), domestic and international interexchange carriers (IXCs), ISPs, Broadband networks and service providers, providers of Internet Protocol (IP)-enabled services, including Voice over Internet Protocol (VoIP) and other advanced services, wireless and MVNO service providers, satellite service providers, cloud communications and cloud-computing providers, video relay service (VRS) providers, communications equipment manufacturers and other communications and technology companies.

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Representative Experience

  • 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
  • Negotiating/arbitrating interconnection and other inter-carrier agreements
  • Communications taxation and regulatory fee matters, including Universal Service Fund (USF) issues
  • Regulatory compliance and reporting
  • Numbering issues
  • Cloud Communications solutions
  • Eligible Telecommunications Carrier (ETC) issues
  • Intercarrier compensation (ICC) issues

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Practices

  • 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.

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Publications

  • 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
  • Catholic University of America, CommLaw Conspectus: The Outer Limits of IVDS: We Now Return Control of Your Television Set to You (1996)

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Education

Mr. Donahue is a graduate of the University of Southern California and received his Juris Doctorate, cum laude, from the Columbus School of Law at Catholic University.

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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

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Speaking Engagements

  • Speaker, “CALEA Compliance for Cloud Communications,” Law Seminars International Telebriefing (July 2013)
  • Speaker Telestrategies 2013, “Regulatory and Tax Issues Impacting Non-Interconnected VoIP and Other “One-Way” VoIP Services,”
  • 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
  • Co-Authored/Speaker, “Implementing the New National Broadband Plan – What You Need to Know”, Thompson Interactive, June 2010
  • Speaker, Hot Topics in Numbering, Federal Communications Bar Association, CLE Seminar, March 2009

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