John Nakahata is a partner in the Washington, DC, law firm of Wiltshire & Grannis, LLP. His practice focuses on telecommunications, cable and Internet regulation before the courts, Federal Communications Commission, state public utility commissions, Congress and the Administration. His clients include large and small telecommunications, Internet, hardware, software, terrestrial wireless companies and cable companies. He has also testified as an expert witness on telecommunications regulatory issues.
Mr. Nakahata is widely recognized as one of the most knowledgeable common carrier lawyers. He has had substantial involvement with, and helped to lead, the major FCC intercarrier compensation, access reform and universal service proceedings since 1996. During his tenure at the FCC from 1995-1998, Mr. Nakahata was one of the principal architects of the FCC's implementation of the landmark Telecommunications Act of 1996. He was responsible for guiding the development of the FCC's "competition trilogy" of interconnection, universal service and interstate access charge orders, and for helping to shape the FCC's approach to Bell applications to provide long distance telephone service.
After leaving the FCC, in 1999-2000, Mr. Nakahata successfully spearheaded the creation and FCC adoption of the Coalition for Affordable Local and Long Distance Services (CALLS) Plan, the first-ever joint effort by local exchange and long distance carriers—including AT&T, BellSouth, SBC, Sprint and Verizon—comprehensively to reform telecommunications subsidy mechanisms and interstate access pricing. He subsequently represented a group of long distance, competitive local and wireless companies that proposed the reforms that the FCC ultimately adopted in its MAG Order. Mr. Nakahata also represented a coalition of end users and carriers that proposed to reform federal universal service contribution mechanisms to a per connection system, and subsequently represented AT&T in its advocacy for a per-telephone number contribution mechanism. Mr. Nakahata has also represented one of the nation's most successful CLECs with respect to preserving opportunities for CLECs to receive the same universal service support as ILECs when they serve the same areas, as well as to be able to use UNEs on non-discriminatory terms and conditions. He drafted and was lead outside advocate for Level 3 Communications' Petition for Forbearance, which sought to have the FCC reconfirm that Voice over Internet Protocol traffic (VoIP) is not subject to interstate and intrastate access charges. Furthermore, he has been a significant participant in the development of the Intercarrier Compensation Forum proposal for intercarrier compensation and universal service reform.
Mr. Nakahata has also counseled and represented both wireless carriers and VoIP providers with respect to the FCC's evolving E911 requirements.
Mr. Nakahata also has substantial experience with the FCC's considerations of mergers and acquisitions. While at the FCC, Mr. Nakahata spearheaded the agency's consideration of the Bell Atlantic-NYNEX merger. After leaving the FCC, Mr. Nakahata has handled a variety of transactions that involved FCC approval with respect to transfers of common carrier or wireless (including cable) authorizations. Among these, Mr. Nakahata represented VoiceStream Wireless (now T-Mobile USA) in connection with its merger with Deutsche Telekom, which resulted in a landmark FCC decision interpreting the FCC's post-WTO foreign ownership rules for common carriers.
A past Chair of the Federal Communications Bar Association's Enforcement Practice Committee, Mr. Nakahata also has represented carriers before the FCC's Enforcement Bureau, with respect to formal complaints, informal complaints, and FCC investigations. He has successfully negotiated Consent Decrees and other favorable dispositions on behalf of his clients.
From November 1997 until November 1998, Mr. Nakahata was the Chief of Staff of the Federal Communications Commission. As Chief of Staff, he oversaw all agency operations and policy development, and was the principal strategic and policy adviser to FCC Chairman William E. Kennard. Prior to becoming FCC Chief of Staff, Mr. Nakahata served as Deputy Chief of the Common Carrier Bureau, Associate General Counsel for Competition, and Senior Legal Adviser to prior FCC Chairman, Reed E. Hundt. As Legal Adviser to Chairman Hundt, in addition to advising Chairman Hundt on common carrier issues, Mr. Nakahata also participated in the FCC's development of its children's television rules, and the development of the FCC's approach to the transition from analog to digital television.
Prior to joining the FCC in 1995, Mr. Nakahata was a legislative aide to United States Senator Joseph Lieberman (D-Connecticut). In that capacity, Mr. Nakahata helped to shape and to pass the Cable Television Consumer Protection and Competition Act of 1992, and he organized Senate hearings that resulted in the development and widespread adoption of a voluntary content rating system for video games.
If ISPs are to provide customers a good Internet service and operate their networks efficiently, they must be able to allocate bandwidth between users and apply network management tools to shape traffic from multiple applications.