On 20 November, Covington hosted its webinar looking at developments in Net Neutrality and Zero-rating from both a US and a European perspective. Our presenters included ex-FCC Bureau Chief, Partner Matt DelNero from our DC office, and ex-DG Competition Head of Unit, Partner Kevin Coates and Senior Associate Siobhan Kahmann from our Brussels office. The webinar was well attended, with participants from all major jurisdictions around the world.

Matt covered the wider area of Net Neutrality and its evolution in the US over the last fifteen to twenty years, including an overview of the rules currently in effect, which are slated to be repealed next month…

He then focused on the US Net Neutrality debate in 2017, and the Restoring Internet Freedom ‘Notice of Proposed Rulemaking ‘ issued in May this year – which received over 22 million comments. He discussed the principal arguments for and against the FCC’s proposal to overhaul the net neutrality framework in the US, and finished his part of the presentation with an overview of what’s next – providing some different scenarios to consider ahead of the FCC’s upcoming next move.  (Just two days later, the FCC made the text of its draft order publicly available.)

Kevin and Siobhan then looked at the Net Neutrality debate from the European perspective. This included an overview of the Net Neutrality Regulation and the BEREC Guidelines, before focusing on zero-rating, a concept which has been the subject of much regulatory debate in the EU.

Zero-rating is an offer from a mobile operator where data used by certain apps or groups of apps will not be deducted as data usage from a customers’ cap – it is charged instead at zero, or free. The BEREC documents set out Guidelines as to what is acceptable and what is not. Notwithstanding the Guidelines, national European regulators  have taken different approaches to applying the Net Neutrality rules. DG Competition is also following this area closely and commissioned a detailed Report on developments in Europe earlier this year.

Photo of Kevin Coates Kevin Coates

Kevin Coates advises clients on strategic antitrust and other government investigation issues drawing on twenty years of public sector experience in the Directorate-General for Competition of the European Commission (“DG COMP”) and ten years of private sector experience as in-house counsel and in…

Kevin Coates advises clients on strategic antitrust and other government investigation issues drawing on twenty years of public sector experience in the Directorate-General for Competition of the European Commission (“DG COMP”) and ten years of private sector experience as in-house counsel and in private practice.

Kevin advises on all aspects of EU, UK and international competition law, including abuse of dominance, cartels and leniency, mergers and compliance, as well as related EU regulations such as the Digital Markets Act (DMA) and Digital Services Act (DSA). He has extensive experience in technology, software and e-commerce sectors.

Kevin worked in the Directorate General for Competition (DG COMP) of the European Commission for twenty years, including seven years reporting directly to the Director General, and nearly ten years as a head of unit, latterly as Head of a Cartel Unit. While working for the Director General he advised on case, policy and communications issues, worked closely with the Competition Commissioner and their Cabinet, and was one of the team that produced the Guidance on Enforcement Priorities under Article 102.

Kevin also served as in-house Counsel at AOL Europe where he was responsible for antitrust and regulatory issues for AOL subsidiary companies in the UK, Germany, France and the Netherlands.

He co-wrote the IP and the telecoms and media chapters in Faull & Nikpay’s “EC Law of Competition,” and is the author of “Competition Law and Regulation of Technology Markets” published by Oxford University Press in 2011. He was a Hauser Global Fellow at NYU School of Law in 2009/2010.

Drawing on his substantive antitrust experience in government and private practice, Kevin counsels clients on business-critical issues. He is known for combining a deep knowledge of the law with an ability to communicate clearly and convincingly.

Photo of Matthew DelNero Matthew DelNero

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy…

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy challenges.

Matt serves as co-chair of Covington’s Technology & Communications Regulation (“TechComm”) Practice Group and co-chair of the firm’s Diversity, Equity, & Inclusion initiative.

Matt advises clients on the full range of issues impacting telecommunications, technology and media providers today, including:

  • Structuring and securing FCC and other regulatory approvals for media and telecommunications transactions.
  • Obtaining approval for foreign investment in broadcasters and telecommunications providers.
  • Broadband funding under federal and state programs, including under the FCC’s Universal Service Fund (USF) and NTIA’s Broadband Equity, Access, and Deployment (BEAD) Program.
  • Representing broadcasters, media networks, and other content owners and producers on both existing and proposed FCC regulations and policies.
  • FCC enforcement actions and inquiries.
  • Online video accessibility, including under the Communications and Video Accessibility Act (CVAA) and Americans with Disabilities Act (ADA).
  • Equipment authorizations for IoT and other devices.
  • Spectrum policy and auctions, including for 5G.
  • Privacy and data protection, with a focus on telecommunications and broadband providers.

Matt also maintains an active pro bono practice representing LGBTQ+ and other asylum seekers, as well as veterans petitioning for discharge upgrades—including discharges under ‘Don’t Ask, Don’t Tell’ and predecessor policies that targeted LGBTQ+ servicemembers.

Prior to rejoining Covington in January 2017, Matt served as Chief of the FCC’s Wireline Competition Bureau. He played a leading role in development of policies around net neutrality, broadband privacy, and broadband deployment and affordability under the federal Universal Service Fund (USF).

Chambers USA ranks Matt within “Band 1” in his field and reports that he is a “go-to attorney for complex matters before the FCC and other federal agencies, drawing on impressive former government experience.” It also quotes clients who praise him as “an outstanding regulatory lawyer…[who] understands the intersection between what’s important for the client’s operations and how the law impacts those operations.”