Glenn Richards, once a Brooklyn city boy and now a horse farm owner, has many facets beyond his role as Partner at Pillsbury Winthrop Shaw Pittman LLP, where he leads the Communications Practice Group. Since 1991, he has been instrumental in shaping the FCC representation for various sectors, including wireless, wireline, VoIP, and satellite. His expertise extends beyond advocacy to critical M&A transactions.

Glenn started his legal career in 1985 as the first full-time telecommunications attorney representing the City of New York. He represented the interests of NYC residents, business and the government itself in state regulatory proceedings protecting emerging competitive technologies. He then played a key role at Sprint, dealing with state regulatory commissions, before joining Gurman Kurtis. There, he provided valuable legal insights to telecom and satellite firms.

Renowned for his groundbreaking work in the VoIP industry, especially the Pulver Order, Glenn’s legal career is distinguished not just by his achievements but also by his adaptability to technological changes and his unwavering commitment to client service, setting him apart in the ever-evolving field of communications law.

About The Series

This is the first installment in the “One Expert, One Topic” series, where field experts select a topic and share essential insights using Matt Abrahams’ What/So-What/Now-What format. Presented in written form, it allows you more time to absorb the topic and guides you on where to go for further learning. Writing is intensive and time-consuming; we are grateful to our contributors for sharing their wisdom in this format. 

What

In 2004, the Federal Communications Commission (FCC), then under the leadership of Chairman Michael Powell, issued two decisions establishing the regulatory framework for the then-nascent Internet communications industry.  Twenty years later society continues to benefit from those visionary decisions and the current FCC would be well-advised to reject attempts to undermine those decisions. 

In the first decision, now known as the Pulver Order, the FCC ruled that Pulver’s Free World Dial-up service, which allowed users worldwide the ability to talk (or see or text) with one another directly over the Internet, was an unregulated information service and not subject to unnecessary regulation at the federal or state level. Services such as the original Skype, Microsoft Teams, Zoom, Cisco’s Webex and Google Meet have benefitted from this decision by developing applications subject to minimal regulation (but not most regulatory surcharges), and in many cases, offering free versions that were critical to continued communications during the early years of the pandemic.  

In the second decision, now known as the Vonage Order, the FCC preempted state regulation of Vonage’s Digital Voice service, an early version of its Internet-based phone service.  This decision propelled the dynamic growth of the Voice over Internet Protocol industry, allowing companies and services to expand nationwide without having to comply with the unique rules of 50 state regulatory agencies.  Today VoIP is the dominant technology for business communications, offering features and functions, including mobility, that far exceed what may have been possible with traditional telephone networks.

So What

Despite the unqualified success of the Pulver and Vonage Orders, certain organizations have asked the FCC to classify interconnected VoIP (the service that includes calling to and from all telephone numbers) as a telecommunications service, which, if adopted, would subject interconnected VoIP to all the rules and regulations that apply to legacy telephone companies, and could result in reconsideration of the decision to preempt state regulation. 

In addition, the California Public Utilities Commission has two ongoing proceedings that propose to bring interconnected VoIP providers under the PUC’s regulatory jurisdiction, in clear contravention of the Vonage Order.  

If the FCC classifies VoIP as a telecommunications service, revisits state preemption, or California adopts licensing or other regulatory obligations for VoIP providers, the results are likely to increase costs to consumers, slow innovation, and may deter new competitors from entering the market for Internet communications.  

The passage of time doesn’t necessarily suggest that rules and regulations adopted 20 years ago are no longer good law.  To the contrary, in the case of Internet communications, 2004 was the Renaissance and there’s no reason to make changes that could foretell the Dark Ages.

Now What

Glenn is always generous with his time and can be found via LinkedIn. For those interested in understanding regulatory strategy and telecommunications he encourages reading the Pulver Order, Vonage Order as well as the California PUC VoIP and Service Quality dockets.

You can meet Glenn at the 20th Anniversary celebration of The Pulver Order at The National Press Club in Washington, DC on February 12. Glenn, along with Jeff Pulver and Former FCC Chair Michael Powell will discuss the past, present and future of VoIP regulation in context of The Pulver Order.