Eric Schwalb provides counsel to businesses in multiple industries, including electric and telephone utilities, transportation and shipping companies, telephone and telecommunications companies, as well as broadcasters and manufacturers. His practice entails the provision of regulatory advice and counsel in a myriad of corporate matters, as well as representation before state and federal courts and government agencies.
Representative Matters
Complex Litigation
Electric Utilities
· Federal appellate counsel to numerous investor-owned electric utilities in challenges to FCC decisions regarding network access and pricing issues;
· FCC, state and federal court counsel to electric utilities in network access and pricing disputes;
· Counsel to electric utilities and telecommunications affiliates in fiber optic right-of-way actions;
· Counsel to electric utilities in federal and state claims for breach of facilities license agreements;
· Counsel to Fortune 20 investor-owned utility in successful defense of property rights claim brought by state governmental agencies.
Telecommunications
· Counsel to cable company in defeating city-brought injunction seeking to halt provision of service;
· Representation of communications carriers in appeals of business equipment tax assessments before state regulatory commissions;
· National Cable and Telecommunications Association v. Gulf Power Company, 534 U.S. 327 (2002) holding that 1996 Telecommunications Act required mandatory access for cable modem service attachments and wireless communications attachments to utility infrastructure;
· Cavalier Telephone, LLC v. Virginia Electric and Power Co., 17 FCC Rcd 20651 (2002) granting client's/defendant's motion to vacate earlier unfavorable holding by Cable Services Bureau in related pole attachment litigation.
Municipalities
· Counsel to municipalities to enjoin cable operator's shift of public access programming from analog service to digital service.
Transportation & Energy
· Plaintiff's counsel to investor-owned utility in successful litigation arising from international coal supplier's breach of coal supply agreement;
· Counsel to electric utilities in actions against railroad companies related to fuel and shipping charges;
· Multi-jurisdictional litigation counsel to owner of major FERC-licensed hydropower project in numerous state, federal, appellate and agency cases regarding administration and operation of project, environmental impacts and personal injury claims;
· Counsel to electric utilities in actions against railroad companies for improper use of force majeure;
· Counsel to Class I railroads in commercial, accident, trespass, and injury cases;
· Larson v. CSX Transportation, Inc., 359 Ill. App. 3d 830, 834 (2005) affirming summary judgment to railroad rejecting railroad liability for injuries sustained by employee of contractor.
Corporate
· General counsel to start-up technology companies, including counsel to employees, officers and directors regarding corporate, employment, commercial, and litigation issues.
Regulatory & Transactional Matters
Municipalities
· Counsel to municipalities in telecommunications franchise negotiations;
· Counsel to municipalities in telecommunications access and rights-of-way negotiations.
Radio
· In re Ford Communications Inc. Station WPIR939, 24 FCC Rcd 5304 (2009), successfully challenging continued FCC licensing of shuttered automotive facility;
· FCC counsel in indecency proceedings;
· Counsel to radio conglomerate to ensure radio contests comply with federal and state laws;
· Counsel to radio tower owners regarding FCC and FAA compliance;
· Counsel to purchaser of radio tower assets;
· Transp. Intel. Inc. v. FCC, 336 F.3d 1058 (D.C. Cir. 2003) denying competitor's appeal of FCC determination regarding client's radio device.
Telecommunications
· Regulatory and transactional counsel to telecommunications companies regarding network facilities deployment and access issues;
· Counsel to cellular telephone provider before the FCC and Congress in a wireless technology manufacturer's auction proceeding;
· Representation of competitive local exchange carrier in state interconnection disputes.
Electric Utilities
· Counsel to electric utility owners of FCC radio licenses regarding regulatory issues;
· Representation of utilities in short-spacing applications and challenges before the FCC;
· Counsel to major utility companies in FCC radio spectrum proceedings;
· Regulatory counsel to electric utility communications affiliates regarding development and deployment of broadband communications over power line networks.
Manufacturers and Shippers
· Counsel in FCC Approval Proceedings and Challenges for Part 15 Device Manufacturers;
· Representation of utility telemetry manufacturer in FCC spectrum reallocation proceeding, and in a successful challenge of the FCC's license approval of competitor's non-compliant device;
· Counsel to shipping company regarding FCC and FAA air travel limitations on cellular devices.
Professional Affiliations
Illinois Bar Association
Federal Communications Bar Association
American Bar Association
Articles/Speeches/Presentations
· "Get Plugged In: What the FCC's National Broadband Plan Means to Electric Utilities, Communications Companies and Their Customers," presented at an Eckert Seamans webinar, March 19, 2010.
· "Smart Grid: What Is It and What Does It Mean To You?" presented at an Eckert Seamans webinar, November 2009.
· "The New FCC," presented via webinar to Heartland, November 2009.
· "Issues in Telecommunications Law for Electric Utility Lawyers," presented at a Continuing Legal Education Seminar, June 2009;
· "Legal and Regulatory Update," presented at the Utilities Telecom Council Conference, June 2009;
· "Maximizing and Protecting Revenue," presented at the Heartland Conference, May, 2009;
· "A Practical Guide for Pole Attachments," presented at the Heartland Conference, November 2008;
· "Legal and Regulatory Update," presented to the Utilities Telecom Council Conference, October 2008;
· "Rural Health Care Pilot Programs," presented at the Heartland Conference, May 2008;
· "Telecom Tutorial," presented at the Utilities Telecom Council Conference, May 2006.