Todd D. Daubert
  Partner, Washington, DC
   
     
  Practice Area:
Telecommunications
 
     
 
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Phone: (202) 342-8602 Fax: (202) 342-8451
Email: tdaubert@kelleydrye.com
vCard: 
 
Todd Daubert is a partner in the firm’s Washington, D.C. office. He focuses his practice on telecommunications matters. Leveraging his dual backgrounds in engineering and the law, Mr. Daubert helps domestic and international companies, particularly in Latin America and Europe, overcome complicated challenges by implementing creative solutions.

Mr. Daubert represents companies in regulatory, appellate, litigation and transactional matters involving a broad range of technology and communications law issues. His client base ranges in size from national wireless and wireline communications service providers to startup technology companies and includes telecommunications and information service providers, equipment and retail product manufacturers, and companies that rely on communications and technology to conduct their business.

Mr. Daubert counsels companies and trade associations on a broad range of communications issues such as interconnection, Customer Proprietary Network Information (CPNI), the Communications Assistance for Law Enforcement Act (CALEA), truth-in-billing, privacy, 911, Telecommunications Relay Services (TRS), broadband and Voice over Internet Protocol (VoIP) policy, net neutrality and open access policies, numbering, number portability, mobile roaming, addressability and signaling, building access and pole attachments.

Mr. Daubert advocates on the behalf of service providers against onerous regulations, while promoting policy alternatives involving such issues as competition, interconnection, numbering, portability, open access and privacy. He represents companies in interconnection, numbering, tariff and billing disputes, litigation and appeals before the state and federal courts and the Federal Communications Commission (FCC). Mr. Daubert also guides companies through investigations and audits by the FCC, Universal Service Administrative Company and state regulatory authorities, and has developed and implemented compliance strategies for companies on privacy matters, including CPNI, CALEA, 911, universal service, truth-in-billing, numbering and number portability. In addition, Mr. Daubert has negotiated various types of agreements on behalf of companies, including interconnection, roaming, vendor, resale, mobile virtual network operator (MVNO) and service agreements.

Mr. Daubert served as a law clerk to the Honorable Chief Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. In addition, he studied in Berlin, Konstanz, and Bonn, Germany, as the recipient of the Alexander von Humboldt Stiftung Federal Chancellor Fellowship.
 
Representative Experience:
Represented a national wireless carrier in the FCC’s first audit of carrier numbering practices, which concluded without any findings of wrongdoing.
 
Publications:
"Privacy, Access and Law Enforcement in the Age of Interactive Video and User Created Content," PTC 08 Conference Proceedings, Pacific Telecommunications Council, (January 2008).

"Copyright, Potential Markets, and the User Interface: Defining the Scope of the Limited Monopoly," Law & Contemporary Problems, Vol. 55, No. 2, Duke University School of Law, (Spring 1992).
 
Client Advisories:

"Congress Passes Legislation Creating 911 Solutions for VoIP Providers," June 30, 2008.

"FCC Adopts Additional Reporting Requirements for Collecting Broadband Data," June 16, 2008.

"FCC Imposes Interim Cap on Universal Service Support Funding," May 09, 2008.

"FCC Seeks Comment on Local Number Portability Requirements for Common Carriers and Providers of Interconnected VoIP Services," February 22, 2008.

"Verizon Sues Provider of Fixed VoIP Services," January 24, 2008.

"FCC Releases Order Applying Local Number Portability Obligations to Interconnected Voice Over Internet Protocol Providers," November 13, 2007.

"FCC Expands Porting to VoIP, Streamlines Porting Process
Seeks Comment on Porting Interval, Other Issues,"
November 01, 2007.

"FCC Adopts Rules Prohibiting Local Franchising Authorities from Unreasonably Refusing to Award Competitive Cable System Franchises," March 15, 2007.

"FCC Modifies Universal Service Fund Contribution Obligations for Interconnected VoIP Providers and Wireless Providers," June 27, 2006.

"FCC Adopts A Second CALEA Order," May 22, 2006.

"New Regulatory Framework For Wireline Broadband Internet Access Service," September 26, 2005.

"Wireline Broadband Internet Access Services Reclassified As Information Services," August 15, 2005.

 
Speaking Engagements:
Making Sense of the FCC's Network Neutrality NPRM, Presented by Kelley Drye, Washington, D.C., December 2, 2009.

"Privacy, Access and Law Enforcement in the Age of Interactive Video and User Created Content," 2008 Pacific Telecommunications Council Conference, Waikiki, HI, January 12, 2008.

"Universal Service Reform," Federal Communications Bar Association's Continuing Legal Education Seminar on Hot Topics in Universal Service, Washington, D.C., November 28, 2007.

"Privacy, Access, And Law Enforcement in the Mobile Information and Entertainment Age," Mobile Web Americas Conference, Orlando, FL, October 2, 2007.

"Interconnected VoIP Services: Should Providers of Interconnected VoIP Services Hold Themselves out as Providers, Rather than End Users, of Telecommunications Services?" Kelley Drye Regulatory and Legislative Update, Washington, D.C., April 2, 2007.

"Interconnected VoIP and Universal Service: The Nuts and Bolts of VoIP Compliance with USF Requirements," Kelley Drye VoIP Workshop: Making Sense of the Nonsensical, Washington, D.C., July 26, 2006.

"Public Safety and VoIP: E911 and CALEA Compliance," Kelley Drye VoIP Workshop: Making Sense of the Nonsensical, Washington, D.C., July 26, 2006.

"IP: To Regulate or Not To Regulate, That is the Question," CompTel Fall Business Conference, Orlando, FL, October 12, 2005.

"Leveraging Information and Communications Technologies for Global Competitive Advantage," World Telecommunication Day Symposium, Port of Spain, Trinidad & Tobago, May 17, 2005.

"Numbering Optimization and IP-Enabled Services," Federal Communications Commission Numbering Symposium, Washington, D.C., November 2004.

"Fixed Wireless: The ‘Next Big Thing’ for Breaking the Last Mile Bottleneck?," ALTS Conference, Washington, D.C., May 11, 2004.

"U.S. Regulatory Concerns for VoIP: Where we are Going and What we Need to Get There," VON Conference, San Jose, CA, April 2, 2003.

"Dispelling Myths About So-Called Virtual NXXs," NARUC Conference, Washington, D.C., July 27, 2002.

"Reciprocal Compensation: Where Do We Go From Here?," CompTel Conference, Orlando, FL, May 25, 2000.
 
Bar Admissions:
District of Columbia, 1997
New York, 1994
Maryland, 1996
 
Courts:
U.S. Court of Appeals – Eleventh and District of Columbia Circuits
 
Education:
Duke University School of Law, J.D., with honors, 1993
Oklahoma State University, BA.E., with honors, 1990
Architectural Engineering
 
Language Capability:
French, German, Spanish
 
Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108