Seth Davidson counsels clients on legislative and regulatory issues of interest to the cable, satellite, broadcast, and Internet industries. His areas of emphasis include both communications and copyright law, and he frequently handles matters arising before the Federal Communications Commission and the Copyright Office as well as Congress.
Notable Experience
Seth has played an active role, including drafting legislation and witness testimony, in most legislative matters affecting the communications industry over the past three decades, including the 1984 and 1992 Cable Acts, the Digital Performance Right in Sound Recordings Act of 1995, the 1996 Telecommunications Act, the Digital Millennium Copyright Act, and the Satellite Home Viewer Act of 1989 and each of its subsequent renewals. In 2004, he was singled out by the Chairman of the Senate Judiciary Committee for his contributions in the drafting of the Satellite Home Viewer Extension and Reauthorization Act. In 2010, Seth testified before the New York City Council on the issue of broadcast signal retransmission consent rights.
Seth also has participated in the drafting of comments and presentation of clients' positions on most of the rulemaking proceedings before the FCC and Copyright Office affecting cable television and satellite companies since the 1980s, including rulemakings relating to broadcast signal carriage, equipment compatibility, rate regulation and access to programming. Seth also played a key role in the successful effort to convince the Office of Management and Budget to block the implementation of "leased access" rules in 2008.
Seth has drafted briefs in appellate litigation before both the United States Court of Appeals and the United States Supreme Court. Seth also has successfully defended cable operators in FCC complaint proceedings involving rate, signal carriage, and programming related issues.
News & Publications
May 2013, Edwards Wildman Client Advisory - Copyright Office Seeks Comment on Compromise Proposal for Rules Governing Audits of Compulsory License Statements of Account
May 2013, Edwards Wildman Client Advisory - Senator McCain Introduces "A La Carte" Television Legislation
May 9, 2013, Edwards Wildman's Seth Davidson Analyzes Aereo's Key Legal Victory in Intellectual Property Magazine
April 2013, Edwards Wildman Client Advisory - FCC Grants Charter Conditional Waiver of Navigation Device "Integration Ban" to Facilitate Development of Downloadable Security
April 22, 2013, Edwards Wildman's Seth Davidson Analyzes the Future of Copyright Reform in Law360
April 11, 2013, Edwards Wildman's Seth Davidson Comments on How Aereo Could Lead to Circuit Split and Copyright Changes in Communications Daily
April 2013, Edwards Wildman Client Advisory - FCC Releases Fourth Quarter 2012 Quarterly Inflation Factor for Form 1240 Filers
April 3, 2013, Edwards Wildman Client Advisory - Citing Cablevision Decision, Second Circuit Affirms Lower Court Denial of Broadcasters' Request for a Preliminary Injunction Against Aereo's Antenna/DVR Service
March 2013, Edwards Wildman Client Advisory - Register of Copyrights Urges Congress to Undertake Comprehensive Revision of Copyright Act
March 11, 2013, Edwards Wildman Client Advisory - Redacted Version of Cablevision's Antitrust Complaint Against Viacom Made Public
March 8, 2013, Edwards Wildman's Seth Davidson Comments on Telecom Legislation in Communications Daily
February 21, 2013, Congressional Update - Sequestration Set to Begin March 1st
January 17, 2013, Edwards Wildman Client Advisory - DC Circuit Vacates Plug and Play Rules
January 16, 2013, Edwards Wildman Client Advisory - FCC Releases Third Quarter 2012 Quarterly Inflation Factor For Form 1240 Filers
January 3, 2013, Congressional Update - Fiscal Cliff / 113th Congress
January 3, 2013, Edwards Wildman Client Advisory - California Federal District Court Judge Grants Injunction Against "Aereo" Copycat Service, Questions Reasoning of Second Circuit's Decision in The Cablevision Remote-Storage/DVR Case
December 7, 2012, Congressional Update - Fiscal Cliff Deal Discussed / House Leadership for the 113th Congress / SEC Chair Announces Resignation
December 3, 2012, Edwards Wildman Client Advisory - FCC Issues Clarification and Waiver of Rule Requiring That Cable Set-Top Boxes Comply With "Open Industry Standard" For IP-based Output
November 29, 2012, Edwards Wildman Client Advisory - Federal District Court Refuses to Enjoin Dish Network's Advanced DVR and Ad-Skipping Services
November 12, 2012, Congressional Update - Election Recap / Looking Ahead
November 9, 2012, Edwards Wildman Client Advisory: Repeal of FCC's Ban on Basic Service Tier Encryption Becomes Effective December 10, 2012.
October 15, 2012, Edwards Wildman Client Advisory - FCC Adopts Rules Allowing All-Digital Cable Systems to Encrypt the Basic Service Tier
October 2012, Edwards Wildman Client Advisory - FCC Allows Prohibition on Exclusive Contracts to Sunset and Makes Changes to Program Access Procedural Rules; Seeks Comment on Additional Revisions to Program Access Rules (Including Rules Governing "Buying Groups")
October 2, 2012, Edwards Wildman Client Advisory - FCC Commences Proceedings to Implement Repurposing of Broadcast Television Spectrum for Mobile Broadband
September 13, 2012, Edwards Wildman Congressional Update: Washington Update - September 13, 2012
August 28, 2012, Edwards Wildman Client Advisory - Second Circuit Affirms District Court Determination That Internet-Based Streaming Services Such As ivi.com Are Not "Cable Systems" Eligible For The Cable Compulsory Copyright License
August 7, 2012, Edwards Wildman Congressional Update: Spending Package/Cybersecurity/ Landmark MA Healthcare Law
July 12, 2012, Edwards Wildman Client Advisory - U.S. District Court In New York Denies Broadcasters' Request For A Preliminary Injunction Against Aereo's "Antenna/DVR" Service
July 10, 2012, Edwards Wildman Client Advisory - FCC Media Bureau Finds That Counter-Offer Extinguishes Previous Offer in Retransmission Consent Negotiations; Denies Allbritton Good Faith Complaint Against Shentel
July 9, 2012, Edwards Wildman Client Advisory - D.C. Circuit Rules that Law Creating Copyright Royalty Board Violates Constitution's "Appointments Clause"
July 2, 2012, Edwards Wildman Client Advisory - FCC Releases First Quarter 2012 Quarterly Inflation Factor For Form 1240 Filers
June 29, 2012, Edwards Wildman Congressional Update: Healthcare / Immigration / Citizens United / Transportation / Cybersecurity / "Future of Video"
May 31, 2012, Edwards Wildman Client Advisory: Broadcast Networks and DISH Network Square Off in Court over "Hopper" DVR Service
May 29, 2012, Edwards Wildman Congressional Update: FDA User Fee / Defense Spending / Transportation
May 8, 2012, Edwards Wildman Client Advisory - Senate Fills FCC Vacancies After Lengthy Delay
April 2012, Edwards Wildman Client Advisory - Second Circuit Vacates and Remands YouTube Summary Judgment Under the Digital Millennium Copyright Act
April 10, 2012, Client Advisory - FCC Recertifies City of Boston to Regulate Cable Rates
April 2012, Edwards Wildman Congressional Update - Supreme Court on Health Reform and Patent case / Budget / Transportation Programs/ FCC Reform / Cybersecurity
April 2, 2012, Client Advisory - House Passes FCC "Reform" Legislation (HR 3309)
March 30, 2012, Client Advisory - FCC Announces Effective Date of Closed Captioning Rules for IP-Delivered Programming
March 29, 2012, Client Advisory - Copyright Office Proposes Filing Fees for Statements
March 22, 2012, Client Advisory - FCC Seeks Comment on Whether to Retain, Sunset, or Relax the Prohibition on Exclusive Contracts and on Certain Other Aspects of the Program Access Rules (Including Volume Discounts and Uniform Price Increases)
March 2012, Edwards Wildman Congressional Update - Latest News from Capitol Hill March 19, 2012
February 2012, Edwards Wildman Congressional Update: Payroll Tax / President's 2013 Budget / Highway Legislation / Cybersecurity Act of 2012
February 15, 2012, Client Advisory - FCC Proposes Three Year Extension of the Cable Dual Carriage Rule and Small Cable Operator HD Exemption
February 2, 2012, Client Advisory - Copyright Owners Petition Copyright Office to Adopt Statement of Account Audit and Filing Fee Rules
January 31, 2012, Client Advisory - FCC Adopts Closed Captioning Rules for IP-Delivered Programming
January 2012, Edwards Wildman Congressional Update - Second Session of the 112th Congress Begins
December 2011, Congressional Update - Legislative Wrap Up 2011
December 2011, Congressional Update - Cybersecurity Policy and Legislation Update
November 22, Congressional Update - Debt Panel Fails to Reach Agreement
October 2011, Edwards Wildman Congressional Update - Trade Pacts / President Obama's Job Bill / Insurance Program for Long-Term Care / Super Committee
September 2011, Congressional Update - FY 2012 Appropriations / Joint Committee on Deficit Reduction
September 23, 2011, Client Advisory - FCC Proposes Closed Captioning Rules for IP-Delivered Programming
September 2011, Congressional Update - Cybersecurity Policy and Legislation in the 112th Congress
September 14, 2011, Congressional Update - American Jobs Act / Super Committee/ House and Senate Activity
August 4, 2011, Congressional Update - Debt Crisis Averted
July 29, 2011, Congressional Update - Debt Limit Negotiations - Where We Are Right Now
July 19, 2011, Congressional Update - Focus on Debt Ceiling Negotiations
July 2011, Client Advisory - Certain CableCARD Reforms To Go Into Effect August 8, 2011
July 2011, Client Advisory - FCC Releases First Quarter 2011 Quarterly Inflation Factor For Form 1240 Filers
June 27, 2011, Congressional Update - Recap of House and Senate Action / Bipartisan Debt Ceiling Negotiations Stall / Cybersecurity / Defense Appropriations Bill
June 2011, Client Advisory - DC Circuit Upholds FCC Authority to Entertain Program Access Complaints Regarding Terrestrially Delivered Programming
June 2011, Client Advisory - FCC Proposes Rules to Implement the CALM Act
May 2011, Client Advisory - FCC's New Ex Parte Rules Go Into Effect June 1, 2011
May 23, 2011, Congressional Update - White House Releases Cybersecurity Proposal
May 9, 2011, Congressional Update - Bipartisan Debt Reduction Talks Begin / Possible Senate Action On FY 2012 Budget Resolution
April 19, 2011, Congressional Update - FY2011 Appropriations Completed / FY2012 Budget Passes House / President's Budget and Deficit Reduction Priorities
April 2011, Client Advisory - FCC Seeks Comment on "Need for Speed" Information for Consumers of Broadband Services
April 2011, Client Advisory - FCC Releases Fourth Quarter 2010 Quarterly Inflation Factor For Form 1240 Filers
April 11, 2011, Congressional Update - FY 2011 NEGOTIATORS REACH 11TH HOUR DEAL, SHUTDOWN AVERTED / FY 2012
March 2011, Client Advisory - CALM Act
March 2011, Client Advisory - FCC Seeks Comment on Revision of its Retransmission Consent Rules
March 2011, Client Advisory - FCC Grants Time Warner Cable's Declaratory Ruling Request Regarding the Negative Option Billing Restriction
March 2011, Client Advisory - Copyright Office Seeks Comment on Phase-Out of Compulsory License
February 2011, Client Advisory - FCC Restricts Discounted Bundles of Cable Services and Equipment
February 2011, Client Advisory - FCC Modifies Ex Parte Rules
February 1, 2011, Edwards Angell Palmer & Dodge Merges with Fleischman and Harding
Combination forges communications industry powerhouse with major DC presence
Before Edwards Wildman
Seth served as Associate Counsel and then Legislative Counsel to the National Cable and Telecommunications Association, before joining Fleischman and Harding LLP.
Besides Edwards Wildman
Seth and his wife (a former communications attorney turned marine conservation advocate) are avid scuba divers when not enjoying the camaraderie of their Northern Virginia lakeside community or attending Washington Nationals games. Seth also is a past and present supporter of the activities of the Federal Communications Bar Association and its related charitable foundation.
Industries
· Cable
· Telecommunications
· Broadcasting
· Wireless & Satellite
· Cloud Computing & Managed IT Services
Memberships
· Federal Communications Bar Association