Hank Kelly is managing partner of the firm’s Chicago office. Named 2013 Chicago Communications “Lawyer of the Year” by Best Lawyers, he represents companies in telecommunications-related litigation matters involving commercial transactions, intellectual property, municipal regulation, class action defense, state and federal preemption issues, and actions enforcing state and federal telecommunications laws.
Mr. Kelly acts for wireline and wireless carriers in commercial transactions, class action defense, state and federal pre-emption issues, and in relation to the enforcement of intellectual property rights. Mr. Kelly has represented clients in numerous proceedings investigating cost-based pricing principles of telecommunications services, actions seeking to enforce state and federal provisions designed to promote competition in telecommunications markets, and other leading-edge telecommunications policy issues. He has trial experience in more than 10 state public service commissions, and litigated communications enforcement actions in state and federal courts, including courts in Illinois, California, Connecticut, Ohio, Virginia and the District of Columbia.
Mr. Kelly is also general counsel to the Illinois Power Agency, the state agency that oversees competitive electricity procurement by Illinois’ largest electricity distributors, and monitors renewable energy portfolio procurement and demand response measures by the state’s electricity utilities.
Representative Experience
Communications
Represented a national wireless carrier in a multi-jurisdiction class action case alleging consumer fraud.
Represented a national communications provider in a patent infringement case involving a patent related to communications traffic exchange.
Represented a national communications provider in numerous multi-jurisdiction state public service proceedings seeking interconnection terms and conditions between competitive carriers.
Represented a national communications provider in arbitrations seeking interconnection under Section 252 of the Federal Communications Act with local exchange carriers in 13 state public service commissions.
Represented a venture capital fund in the due diligence related to its acquisition of a wireless communications service provider.
Represented an international communications provider in due diligence related to an off-shore communications company.
Represented a nationwide association of communications providers in a federal action seeking collection of compensation required under Section 276 of the Federal Communications Commission.
Represented a state association in actions seeking to enforce state and federal communications policies related to the pricing of local exchange services. The actions were pending at the Federal Communications Commission, several state public service commissions, and several state courts of appeals.
Represented a national communications provider in four simultaneous federal court proceedings seeking enforcement of interconnection agreements and Federal Communications Commission decisions.
Represented several communications providers in negotiations with municipalities regarding emergency telephone service surcharges.
Represented a coalition of communications providers in multi-state jurisdictions arbitrating the rates, terms and conditions for interconnection under the FCC’s Triennial Review Order and Triennial Review Remand Order, i.e., Petition for Arbitration Pursuant to Section 252(b) of the Telecommunications Act of 1996 with Illinois Bell Telephone Company to Amend Existing Interconnection Agreements to Incorporate the Triennial Review Order and the Triennial Review Remand Order, On behalf of Cbeyond Communications, LLC; USXchange of Illinois, LLC, d/b/a ChoiceOne Communications; First Communications, LLC; ICG Telecom Group, Inc.; New Edge Network, Inc.; nii Communications, Ltd.; OnFiber Carrier Services, Inc.; Talk America, Inc.; and Trinsic Communications, Inc.
Represented a satellite broadcast provider in federal litigation responding to action brought by the United States seeking to enforce consumer fraud and telecommunications privacy laws.
Represented a coalition of communications providers in state public service commission proceedings establishing the cost-based rates for unbundled network elements.
Energy
Represented the Illinois Power Agency in the first state-agency competitive procurement of electricity under the Illinois Power Agency Act, which purchased approximately 44% of the total electricity consumed in the State of Illinois, while saving consumers approximately 9% in the electricity bills from the previous year.
Represented the Illinois Power Agency in rulemaking proceedings before the Illinois Commerce Commission concerning Alternative Retail Electric Suppliers.
Represented the Illinois Power Agency in a Commonwealth Edison Rate Proceeding regarding Demand Response pilot program.
Memberships & Associations
Federal Communications Bar Association
Chicago Bar Association
Honors & Awards
Selected as one of The Best Lawyers in America in the Communications Law area, 2012-2013.
Ranked as a leading practitioner in the Telecommunications area by Chambers USA for twelve consecutive years, 2002-2013.
Recommended in US Legal 500 for his work in the Telecoms & Broadcast – Regulatory area, 2012-2013.
Designated as a Leading Lawyer in Illinois by Crain’s Chicago Business.
Listed in Illinois "Super Lawyers,” 2007-2010, 2012-2013.
