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Office of the General Counsel Report to the Commission

The Office of the General Counsel (OGC) plays a pivotal role in supporting the FCC's strategic goals related to broadband, competition, spectrum, media, and homeland security. The OGC's responsibilities include managing avoidable risks, providing legal advice to decision-makers, defending Commission decisions in court, overseeing administrative law reviews, advising on homeland security matters, guiding transaction reviews, offering bankruptcy law advice, and handling litigation in both federal appellate and district courts. The OGC's work is vital to the FCC's functioning and involves enhancing legal rationale for agency decisions, anticipating judicial trends, and providing ethics advice. Its support for the FCC's strategic plan includes legal analysis, advice, and advocacy functions.

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Office of the General Counsel Report to the Commission

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  1. Support for the FCC Strategic Plan Office of the General Counsel Report to the Commission

  2. Broadband, Competition, Spectrum, Media, Homeland Security • OGC’s Role • Avoid avoidable risk where possible • Identify unavoidable risk to permit informed decision-making • Defend Commission decisions before the courts

  3. Broadband, Competition, Spectrum, Media, Homeland Security • Administrative Law Division • Reviews each Commission item • In 2003, Ad Law reviewed 425 Commission items • Provides legal advice to Commissioners, Bureaus and Offices

  4. Broadband, Competition, Spectrum, Media, Homeland Security • Homeland Security • Principal legal advisor • Transaction Team • Participates in the review of all significant transactions • Reviews FCC rules and policies relating to transfers and assignments

  5. Broadband, Competition, Spectrum, Media, Homeland Security • Bankruptcy Law Advice • Goals • Productive spectrum use • Protection of government’s secured creditor status • Preservation of Commission’s ability to protect the public interest

  6. Broadband, Competition, Spectrum, Media, Homeland Security • Litigation Division – Federal appellate courts • 35 briefs, 36 oral arguments, 14 mandamus and stay petitions • Litigation Division – Federal district courts • 20 lawsuits

  7. Broadband, Competition, Spectrum, Media, Homeland Security • Analysis of FCC-related court decisions for internal purposes • Goals: • Enhance the legal rationale for agency decisions • Guide our advocacy in court • Anticipate judicial trends

  8. Modernize the FCC • Less visible work of OGC is critical to the functioning of the FCC • “In-house” counsel • Administer ex parte rules • Ethics advice and counseling • FOIA appeals and appeals from hearing cases

  9. Support for Strategic Plan in 2004 • OGC’s role: • Legal analysis, advice and training • Judicial advocacy • In-house counsel functions

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