People

Jonathan E. Nuechterlein

Partner

Chair, Communications, Privacy and Internet Law Practice Group

Nuechterlein, Jonathan E.

Jonathan E. Nuechterlein is the chair of WilmerHale’s Communications, Privacy and Internet Law Practice Group.

Practice

Mr. Nuechterlein's practice focuses on appellate litigation and competition issues, particularly those arising under federal telecommunications law. He represents clients in the US Supreme Court and the federal courts of appeals on a broad range of issues. He also represents major telecommunications clients before the FCC in connection with net neutrality, broadband classification and deployment, intercarrier compensation and many other topics.

From January 2000 until his arrival at the firm in early 2001, Mr. Nuechterlein served as Deputy General Counsel of the FCC, where he oversaw litigation arising from the Telecommunications Act of 1996. From 1996 to 2000, he served as Assistant to the Solicitor General in the US Department of Justice. In that capacity, he argued seven cases in the US Supreme Court, drafted the federal government's briefs in many additional cases and helped formulate the government's litigation strategy on a wide range of issues.

He is the author (with Phil Weiser) of Digital Crossroads: American Telecommunications Policy in the Internet Age (MIT Press 2005), which comprehensively analyzes the law and economics of competition in the US telecommunications industry. Digital Crossroads has been described as "a magnificent achievement" (Cornell economist Alfred Kahn) and as "invaluable to anyone trying to navigate the tumultuous changes of the digital age" (former FCC Chairman Michael Powell). For a copy of the preface to the 2007 paperback edition, click here. The authors are preparing an updated and revised second edition of Digital Crossroads, due for publication by MIT Press in 2013.

Honors & Awards

  • Recognized for his exceptional standing in the telecommunications bar by Chambers USA: America's Leading Lawyers for Business in every edition since 2005
  • Selected by his peers for inclusion in every edition of The Best Lawyers in America since 2007 in the area of communications law
  • Listed in every edition of The Legal 500 United States since 2007
  • Named a 2007, 2008, 2009, 2010, 2011, 2012 and 2013 Washington DC Super Lawyer
  • 1999 Attorney General's Distinguished Service Award for preparing the FCC's briefs in AT&T Corp. v. Iowa Utils. Bd. (525 US 366)

Recent Highlights

  • Argued and won American Elec. Power Serv. Corp. v. FCC, No. 11-1146 (DC Cir. Feb. 26, 2013), on behalf of major cable operators in defense of the FCC’s new rules governing access to electric power company infrastructure
  • Presented argument for AT&T in Cablevision Sys. Corp. v. FCC, 649 F. 3d 695 (DC Cir. 2011), and successfully defended the FCC's decision to protect competitive access to terrestrially delivered video programming
  • Representing AT&T in pending 10th Circuit appeals from the FCC’s November 2011 order comprehensively revising the nation’s universal service and intercarrier compensation rules
  • Presented argument on behalf of the wireless industry in Council Tree v. FCC, 619 F.3d 235 (3d Cir. 2010), and successfully defended the results of the FCC’s $33 billion 3G spectrum auctions
  • Argued and won Ad Hoc Telecomm. Users Comm. v. FCC, 572 F.3d 903 (DC Cir. 2009), on behalf of AT&T in support of the FCC's decision to forbear from dominant-carrier regulation of enterprise broadband services
  • Argued and won BellSouth v. FCC, 469 F.3d 1052 (DC Cir. 2006) (vacating an FCC order that had deemed a Bell company liable for the terms of its volume discount plan for special access services)
  • Argued and won AT&T Inc. v. FCC, 452 F.3d 830 (DC Cir. 2006) (invalidating the FCC’s basis for denying a petition to forbear from regulation of IP platform services)
  • Argued and won Verizon Tel. Cos. v. FCC, 374 F.3d 1229 (DC Cir. 2004) (invalidating the FCC's basis for denying a petition to forbear from broadband regulation)
  • Representing AT&T in connection with the FCC's net neutrality, broadband classification, wireless competition, intercarrier compensation and universal service proceedings

Practices

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Education

JD, Yale Law School, 1990, Articles Editor, Yale Law Journal

BA, summa cum laude, Yale University, 1986, Phi Beta Kappa

Bar Admissions

District of Columbia

Clerkships

The Hon. David H. Souter, US Supreme Court, 1991 - 1992

The Hon. Stephen F. Williams, US Court of Appeals for the District of Columbia Circuit, 1990 - 1991