Craig Gilley represents communications companies in a broad range of regulatory, litigation and transactional matters. Craig has successfully represented various major cable operators, wireless providers, wireline carriers and Internet service providers, among others, in proceedings before the Federal Communications Commission (FCC), state public utility commissions (PUCs), and federal and state courts. Craig also drafts and negotiates commercial services and marketing agreements concerning, among other things, cloud computing services, data transport and other IP-based services.
Craig's primary focus is the cable industry and the broad array of regulations impacting cable operators and programmers. Notable areas of expertise include:
•Rate Regulation - Craig assists cable operators navigating complex federal cable rate regulations including tier buy-through, negative option billing, geographic rate uniformity, and rate setting issues. On behalf of major MSOs, Craig has obtained effective competition determinations (rate deregulation) for over 4,500 communities (including New York City, Los Angeles, San Diego, Dallas, Houston, San Antonio, Austin, El Paso, Kansas City, Cleveland, Cincinnati, Columbus, Tampa, Orlando, Charlotte, Raleigh and Buffalo).
•Pole Attachments - Craig has negotiated and drafted over one hundred agreements with electric utilities, cooperatives and municipalities for pole attachment and right-of-way access. Filed complaints to ensure the reasonability of attachment rates, terms and conditions.
•Broadcast Signal Carriage - Craig advises clients regarding broadcast carriage requirements, including must carry obligations, channel occupancy and positioning rights, viewability, network non-duplication, syndicated exclusivity and signal testing matters. Negotiated/litigated dozens of must carry complaint and exclusivity disputes.
•Retransmission Consent and Programming Agreements - Craig assists clients with retransmission consent negotiations and drafting of carriage agreements with broadcasters and cable programmers. Litigated a good faith retransmission consent dispute at the FCC.
•Market Modifications - Craig has petitioned for and opposed requests to modify broadcaster designated market areas, taking into account changes to broadcaster carriage rights, compulsory copyright costs and compliance with the broadcast exclusivity rules.
•Franchising - Craig has negotiated dozens of new cable franchises, franchise renewals and transfers.
•Transactional - Craig provides guidance to cable operators, lenders and private equity investors in over a dozen major cable industry and broadcaster transactions. Repeatedly executed the complex process for obtaining necessary regulatory consents for major cable transactions, including obtaining franchise transfer consent from thousands of local municipalities.
•IP Video - Craig provides advice and legal analysis of emerging IP video technologies and service offerings provided both by cable operators and online video distributors (OVDs).
•Network Neutrality and Network Management Regulation - Craig assists cable operators and wireless broadband providers in the formulation of appropriate network management practices, balancing appropriate rule compliance with operational flexibility to resolve network congestion issues. Craig has drafted over a dozen net neutrality transparency notices and acceptable use policies for cable operators and wireless providers.
•VoIP Compliance - Craig provides advice and strategy for cable operator and Internet service provider provision of IP based telecommunications services, including Universal Service Fund compliance (499-A registration, filings and exemption certificates), reciprocal compensation, local number portability, E911, CALEA, CPNI, and disability access and TRS compliance. Participated in interconnection arbitrations and negotiations.
•Multi-Unit Building Wiring - Craig has represented cable operators in disputes and negotiations with building owners concerning the rates, terms and conditions of access to building resident units, the ownership of wiring/equipment and related right of way matters. Craig works with clients to develop strategies for minimizing the risk of competition and building-wide overbuilds.
•Program Access/Program Carriage - Craig provides compliance advice to clients with respect to the program access and program carriage rules, and litigated several program access and program carriage complaints.
•PEG Programming/Leased Access - Craig provides compliance advice and compliance strategies regarding access to cable channels by third parties, including both governmental and educational entities in the PEG context, and private entities in the leased access context. Craig works with cable operators to minimize the disruption and costs associated with both PEG and leased access carriage. Craig has defended dozens of leased access complaints at the FCC.
•Subscriber Privacy - Craig provides advice on privacy and data/network security issues under federal and state law, including the telephone and cable privacy sections of the Communications Act and other federal and state laws.
•Law Enforcement Responses - Craig assists cable operators when responding to law enforcement, administrative agency and third-party demands for subscriber information.
Craig also provides legal and operational advice to small and midsize wireless broadband and telecommunications carriers using both licensed and unlicensed spectrum.
•Regulatory Compliance - Counseled various wireless clients through difficult wireless regulatory issues, including those with complex buildout, signal interference, ownership and licensee qualification problems. Provided wireless entities with comprehensive regulatory advice including licensing, license renewals, obtaining authorizations for new and modified facilities, VoIP regulation, E911 and CALEA compliance. Drafted and filed pleadings in application and rulemaking proceedings before the FCC.
•Transactional Support - Advised wireless entities, investors and lenders in various aspects of wireless transactional matters including financings, acquisitions, joint ventures, license transfers, leasing arrangements, due diligence, and prepared and filed applications to obtain FCC and state PUC consents for transactions.
•Resellers - Extensive experience representing wireless resellers and MVNOs.
Before Edwards Wildman
Prior to joining the Firm in 2011, Craig was a partner at Fleischman and Harding LLP.
Besides Edwards Wildman
Craig has a passion for golf and hiking with his family and dogs. He enjoys a variety of other outdoor activities including sailboat racing and skiing. He also an avid basketball and hockey fan.