Mr. Heitmann represents companies in proceedings before the Federal Communications Commission (FCC) and state public utility commissions (PUCs). He has extensive experience in and regularly advises clients on regulatory policy, interconnection, compliance and enforcement matters.
Mr. Heitmann represents carriers in interconnection negotiations, arbitrations and dispute resolution proceedings before state PUCs and arbitration panels. He has appeared before more than a dozen state PUCs and multiple arbitration panels.
Mr. Heitmann also represents carriers in state, federal and appellate court litigation involving telecommunications-related issues. He has prevailed in cases before the U.S. Court of Appeals for the Fourth and Eleventh Circuits, and has cases pending in several federal courts.
In addition, Mr. Heitmann represents companies in transactional matters involving the sale and procurement of telecommunications, telecommunications capacity and facilities. He advises companies on regulatory and contractual compliance matters associated with telecommunications, information and technology service contracts.
Representative Experience
NuVox v. BellSouth (11th Cir. 2008)Briefed, argued and succeeded in preserving a lower court victory overturning a Florida Public Service Commission order with respect to "commingling" under federal telecommunications law.
Successfully represented client in complex case involving interconnection agreement-based litigation before the Fourth and Eleventh Circuit Courts of Appeal, multiple federal district courts and multiple state commissions.
Successfully represented clients in joint interconnection agreement arbitration proceedings before nine state public utility commissions.
Representing clients in FCC regulatory proceedings involving unbundled network elements (UNEs), special access, 271 elements, broadband, forbearance, intercarrier compensation, customer proprietary network information (CPNI), mergers, resale and copper loop retirement.
Representing clients in state commission proceedings involving UNEs, intercarrier compensation, interconnection agreement arbitration, compliance audits and copper loop retirement.
Representing clients in dispute resolution proceedings involving carrier-to-carrier contracts before numerous state commissions and arbitration panels.
Counseling clients on compliance, business strategy, litigation risk and product development with respect to telecom-regulatory and contractual requirements involving a wide array of subject matters, including intercarrier compensation (reciprocal compensation and access charges), UNEs/EELs, collocation, interconnection, building access, provisioning/OSS, privacy/CPNI, universal service/USF, net neutrality, CALEA, pole attachments, truth-in-billing, win-back/retention marketing, slamming, numbering/number portability, 911/E911, regulatory fees, reporting requirements and compliance with law enforcement requests.
Negotiating and drafting telecommunications-related contracts for clients, including interconnection agreements, commercial agreements, pole attachment agreements, indefeasible rights of use (IRUs) and backhaul/facility/capacity agreements.
Representing clients on regulatory-related aspects of mergers and acquisitions, financings, offerings, etc.
Representing clients in state commission certification and transactions approval proceedings.
Advising clients with respect to and drafting carrier policy statements on privacy, CPNI, CALEA, FTC Red Flags, acceptable use and network management.
Memberships & Associations
American Bar Association, Antitrust Section
Federal Communications Bar Association, Co-Chair Privacy and Data Security Committee
Federal Communications Bar Association, Former Co-Chair State and Local
Practice Committee
